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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to higher education governance.
10 Highlighted Provisions:
11 This bill:
12 ▸ renames the Utah College of Applied Technology the Utah System of Technical
13 Colleges;
14 ▸ changes the name of each member college of the Utah System of Technical
15 Colleges from an applied technology college to a technical college;
16 ▸ amends the institutions that comprise the state system of higher education by:
17 • removing the Utah College of Applied Technology;
18 • adding the Utah System of Technical Colleges Board of Trustees; and
19 • adding each technical college;
20 ▸ removes the nonvoting members from the State Board of Regents;
21 ▸ amends the powers and authority of the State Board of Regents;
22 ▸ amends the membership of the State Board of Regents;
23 ▸ requires coordination between state entities involved in education;
24 ▸ amends a list of institutions of higher education that are bodies corporate to:
25 • remove the Utah College of Applied Technology; and
26 • add each technical college;
27 ▸ amends the process for the State Board of Regents to appoint a president of an
28 institution of higher education;
29 ▸ amends requirements of the commissioner of technical education;
30 ▸ removes the nonvoting members from the Utah System of Technical Colleges
31 Board of Trustees;
32 ▸ prohibits an individual from serving simultaneously on the Utah System of
33 Technical Colleges Board of Trustees and a technical college board of directors;
34 ▸ provides that the Utah System of Technical Colleges is a continuation of the Utah
35 College of Applied Technology and that each technical college is a continuation of
36 an applied technology college;
37 ▸ describes the primary institutional roles for institutions of higher education;
38 ▸ amends definitions related to the Utah System of Technical Colleges in Title 63G,
39 Chapter 6a, Utah Procurement Code; and
40 ▸ makes technical and conforming changes.
41 Money Appropriated in this Bill:
42 None
43 Other Special Clauses:
44 This bill provides a special effective date.
45 Utah Code Sections Affected:
46 AMENDS:
47 35A-1-206, as last amended by Laws of Utah 2016, Chapters 236, 271, and 296
48 35A-5-402, as last amended by Laws of Utah 2016, Chapter 236
49 35A-5-403, as enacted by Laws of Utah 2015, Chapter 273
50 53A-1-203, as last amended by Laws of Utah 2015, Chapter 415
51 53A-1-402, as last amended by Laws of Utah 2016, Chapter 236
52 53A-1-403.5, as last amended by Laws of Utah 2016, Chapters 144, 188, and 271
53 53A-1a-501.3, as last amended by Laws of Utah 2016, Chapter 236
54 53A-1a-521, as last amended by Laws of Utah 2016, Chapter 236
55 53A-13-101.5, as last amended by Laws of Utah 1998, Chapter 297
56 53A-15-102, as last amended by Laws of Utah 2016, Chapters 236 and 415
57 53A-15-202, as last amended by Laws of Utah 2016, Chapter 236
58 53A-17a-114, as last amended by Laws of Utah 2016, Chapter 236
59 53B-1-101, as last amended by Laws of Utah 1991, Chapter 58
60 53B-1-101.5, as last amended by Laws of Utah 2009, Chapter 346
61 53B-1-102, as last amended by Laws of Utah 2013, Chapter 10
62 53B-1-103, as last amended by Laws of Utah 2016, Chapter 236
63 53B-1-104, as last amended by Laws of Utah 2011, Third Special Session, Chapter 5
64 53B-2-101, as last amended by Laws of Utah 2013, Chapter 10
65 53B-2-103, as last amended by Laws of Utah 1991, Chapter 58
66 53B-2-104, as last amended by Laws of Utah 2016, Chapter 236
67 53B-2-106, as last amended by Laws of Utah 2016, Chapter 236
68 53B-2a-101, as last amended by Laws of Utah 2016, Chapter 236
69 53B-2a-102, as last amended by Laws of Utah 2016, Chapter 236
70 53B-2a-103, as last amended by Laws of Utah 2016, Chapter 236
71 53B-2a-104, as last amended by Laws of Utah 2016, Chapter 236
72 53B-2a-105, as last amended by Laws of Utah 2016, Chapter 236
73 53B-2a-106, as last amended by Laws of Utah 2016, Chapter 236
74 53B-2a-107, as last amended by Laws of Utah 2016, Chapter 236
75 53B-2a-108, as last amended by Laws of Utah 2016, Chapter 236
76 53B-2a-109, as last amended by Laws of Utah 2016, Chapter 236
77 53B-2a-110, as last amended by Laws of Utah 2016, Chapter 236
78 53B-2a-111, as last amended by Laws of Utah 2009, Chapter 346
79 53B-2a-112, as last amended by Laws of Utah 2016, Chapter 236
80 53B-2a-113, as last amended by Laws of Utah 2016, Chapter 236
81 53B-2a-114, as enacted by Laws of Utah 2012, Chapter 181
82 53B-3-102, as last amended by Laws of Utah 2013, Chapter 10
83 53B-6-106, as last amended by Laws of Utah 2016, Chapter 236
84 53B-7-101, as last amended by Laws of Utah 2015, Chapter 361
85 53B-8-101, as last amended by Laws of Utah 2013, Chapters 10, 23, and 465
86 53B-8d-102, as last amended by Laws of Utah 2016, Chapter 236
87 53B-16-101, as enacted by Laws of Utah 1987, Chapter 167
88 53B-16-102, as last amended by Laws of Utah 2016, Chapter 236
89 53B-16-103, as last amended by Laws of Utah 1988, Chapter 137
90 53B-16-107, as last amended by Laws of Utah 2016, Chapter 188
91 53B-16-201, as last amended by Laws of Utah 2010, Chapter 211
92 53B-16-210, as last amended by Laws of Utah 2013, Chapter 310
93 53B-16-401, as enacted by Laws of Utah 1996, Chapter 73
94 53B-17-105, as last amended by Laws of Utah 2016, Chapters 144 and 236
95 53B-21-101, as enacted by Laws of Utah 1987, Chapter 167
96 53B-26-102, as enacted by Laws of Utah 2016, Chapter 338
97 53B-26-103, as enacted by Laws of Utah 2016, Chapter 338
98 58-22-302, as last amended by Laws of Utah 2011, Chapter 367
99 59-12-102, as last amended by Laws of Utah 2016, Third Special Session, Chapter 6
100 59-12-702, as last amended by Laws of Utah 2016, Chapter 344
101 63A-2-402, as renumbered and amended by Laws of Utah 2011, Chapter 207
102 63A-9-101, as last amended by Laws of Utah 2016, Chapters 144 and 236
103 63F-2-102, as last amended by Laws of Utah 2016, Chapter 144
104 63G-2-305, as last amended by Laws of Utah 2015, Chapters 147, 283, and 411
105 63G-6a-103, as last amended by Laws of Utah 2016, Chapters 176, 237, 355 and last
106 amended by Coordination Clause, Laws of Utah 2016, Chapter 355
107 63J-3-103, as last amended by Laws of Utah 2016, Chapter 183
108 63N-12-203, as last amended by Laws of Utah 2016, Chapters 139 and 236
109 63N-12-212, as last amended by Laws of Utah 2016, Chapters 139 and 236
110 63N-12-213, as enacted by Laws of Utah 2016, Chapter 335
111 67-1-12, as last amended by Laws of Utah 2016, Chapter 236
112 ENACTS:
113 53B-1-112, Utah Code Annotated 1953
114 53B-2a-100.5, Utah Code Annotated 1953
115 53B-2a-115, Utah Code Annotated 1953
116 REPEALS AND REENACTS:
117 53B-2-102, as last amended by Laws of Utah 1991, Chapter 58
118 REPEALS:
119 53B-6-101, as last amended by Laws of Utah 2011, Chapter 73
120 53B-6-102, as enacted by Laws of Utah 1987, Chapter 167
121 53B-6-103, as enacted by Laws of Utah 1987, Chapter 167
122 53B-16-106, as enacted by Laws of Utah 2010, Chapter 400
123
124 Be it enacted by the Legislature of the state of Utah:
125 Section 1. Section 35A-1-206 is amended to read:
126 35A-1-206. State Workforce Development Board -- Appointment -- Membership
127 -- Terms of members -- Compensation.
128 (1) There is created within the department the State Workforce Development Board in
129 accordance with the provisions of the Workforce Innovation and Opportunity Act, 29 U.S.C.
130 Sec. 3101 et seq.
131 (2) The board shall consist of the following 39 members:
132 (a) the governor or the governor's designee;
133 (b) one member of the Senate, appointed by the president of the Senate;
134 (c) one representative of the House of Representatives, appointed by the speaker of the
135 House of Representatives;
136 (d) the executive director or the executive director's designee;
137 (e) the executive director of the Department of Human Services or the executive
138 director's designee;
139 (f) the executive director of the Utah State Office of Rehabilitation or the executive
140 director's designee;
141 (g) the state superintendent of [
142 superintendent's designee;
143 (h) the commissioner of higher education or the commissioner's designee;
144 (i) [
145
146 commissioner of technical education's designee;
147 (j) the executive director of the Governor's Office of Economic Development or the
148 executive director's designee;
149 (k) the executive director of the Department of Veterans' and Military Affairs or the
150 executive director's designee; and
151 (l) the following members appointed by the governor:
152 (i) 20 representatives of business in the state, selected among the following:
153 (A) owners of businesses, chief executive or operating officers of businesses, or other
154 business executives or employers with policymaking or hiring authority;
155 (B) representatives of businesses, including small businesses, that provide employment
156 opportunities that include high-quality, work-relevant training and development in in-demand
157 industry sectors or occupations in the state; and
158 (C) representatives of businesses appointed from among individuals nominated by state
159 business organizations or business trade associations;
160 (ii) six representatives of the workforce within the state, which:
161 (A) shall include at least two representatives of labor organizations who have been
162 nominated by state labor federations;
163 (B) shall include at least one representative from a registered apprentice program;
164 (C) may include one or more representatives from a community-based organization
165 that has demonstrated experience and expertise in addressing the employment, training, or
166 educational needs of individuals with barriers to employment; and
167 (D) may include one or more representatives from an organization that has
168 demonstrated experience and expertise in addressing the employment, training, or education
169 needs of eligible youth, including organizations that serve out of school youth; and
170 (iii) two elected officials that represent a city or a county.
171 (3) (a) The governor shall appoint one of the appointed business representatives as
172 chair of the board.
173 (b) The chair shall serve at the pleasure of the governor.
174 (4) (a) The governor shall ensure that members appointed to the board represent
175 diverse geographic areas of the state, including urban, suburban, and rural areas.
176 (b) A member appointed by the governor shall serve a term of four years and may be
177 reappointed to one additional term.
178 (c) A member shall continue to serve until the member's successor has been appointed
179 and qualified.
180 (d) Except as provided in Subsection (4) (e), as terms of board members expire, the
181 governor shall appoint each new member or reappointed member to a four-year term.
182 (e) Notwithstanding the requirements of Subsection (4) (d), the governor shall, at the
183 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
184 board members are staggered so that approximately one half of the board is appointed every
185 two years.
186 (f) When a vacancy occurs in the membership for any reason, the replacement shall be
187 appointed for the unexpired term.
188 (g) The executive director shall terminate the term of any governor-appointed member
189 of the board if the member leaves the position that qualified the member for the appointment.
190 (5) A majority of members constitutes a quorum for the transaction of business.
191 (6) (a) A member of the board who is not a legislator may not receive compensation or
192 benefits for the member's service, but may receive per diem and travel expenses as allowed in:
193 (i) Section 63A-3-106;
194 (ii) Section 63A-3-107; and
195 (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
196 63A-3-107.
197 (b) Compensation and expenses of a member who is a legislator are governed by
198 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
199 (7) The department shall provide staff and administrative support to the board at the
200 direction of the executive director.
201 (8) The board has the duties, responsibilities, and powers described in 29 U.S.C. Sec.
202 3111, including:
203 (a) identifying opportunities to align initiatives in education, training, workforce
204 development, and economic development;
205 (b) developing and implementing the state workforce services plan described in
206 Section 35A-1-207;
207 (c) utilizing strategic partners to ensure the needs of industry are met, including the
208 development of expanded strategies for partnerships for in-demand occupations and
209 understanding and adapting to economic changes;
210 (d) developing strategies for staff training;
211 (e) developing and improving employment centers; and
212 (f) performing other responsibilities within the scope of workforce services as
213 requested by:
214 (i) the Legislature;
215 (ii) the governor; or
216 (iii) the executive director.
217 Section 2. Section 35A-5-402 is amended to read:
218 35A-5-402. Career and Technical Education Board creation -- Membership.
219 (1) There is created the Career and Technical Education Board, within the department,
220 composed of the following members:
221 (a) the state superintendent of public instruction or the state superintendent of public
222 instruction's designee;
223 (b) the commissioner of higher education or the commissioner of higher education's
224 designee;
225 (c) the Utah [
226 commissioner of technical education or the Utah [
227 Technical Colleges commissioner of technical education's designee;
228 (d) the executive director of the department or the executive director of the
229 department's designee;
230 (e) the executive director of the Governor's Office of Economic Development or the
231 executive director of the Governor's Office of Economic Development's designee;
232 (f) one member of the governor's staff, appointed by the governor;
233 (g) five private sector members, representing business or industry that employs
234 individuals who hold certificates issued by a CTE program, appointed by the governor;
235 (h) a member of the Senate, appointed by the president of the Senate; and
236 (i) a member of the House of Representatives, appointed by the speaker of the House
237 of Representatives.
238 (2) The CTE Board shall select a chair and vice chair from among the members of the
239 CTE Board.
240 (3) The CTE Board shall meet at least quarterly.
241 (4) Attendance of a simple majority of the members of the CTE Board constitutes a
242 quorum for the transaction of official CTE Board business.
243 (5) Formal action by the CTE Board requires the majority vote of a quorum.
244 (6) A member of the CTE Board:
245 (a) may not receive compensation or benefits for the member's service; and
246 (b) may receive per diem and travel expenses in accordance with:
247 (i) Section 63A-3-106;
248 (ii) Section 63A-3-107; and
249 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
250 63A-3-107.
251 Section 3. Section 35A-5-403 is amended to read:
252 35A-5-403. Career and Technical Education Board -- Duties.
253 (1) The CTE Board shall conduct a comprehensive study of CTE in Utah that includes:
254 (a) an inventory of all CTE programs in Utah, including, for each CTE program:
255 (i) a description of the program;
256 (ii) the number of students the program has the capacity to serve each year;
257 (iii) the number of students the program has served since October 1, 2010, by school
258 year;
259 (iv) the number of certificates the program has issued since October 1, 2010, by school
260 year;
261 (v) a materials and equipment inventory for the program;
262 (vi) the amount of funding dedicated to the program;
263 (vii) the program's geographic location;
264 (viii) employment information for students who have completed the program since
265 October 1, 2010, if practical and feasible; and
266 (ix) the extent to which overlap or duplication exists between the program and other
267 CTE or private programs;
268 (b) a description of CTE funding in the state, including:
269 (i) the total amount of state CTE funding provided to:
270 (A) the public education system;
271 (B) the [
272 (C) the Utah [
273 (ii) for each CTE program:
274 (A) total CTE funding received; and
275 (B) the cost per student served;
276 (c) an assessment of Utah business and industry needs for employees with skills taught
277 in CTE classes, including:
278 (i) the number of current and anticipated jobs in Utah, by geographic region, and the
279 CTE skills required for the jobs;
280 (ii) the starting and average salary, by geographic region and type of CTE skills, for an
281 individual who has skills taught in a CTE program; and
282 (iii) the extent to which current CTE programs can meet the employment needs of Utah
283 business and industry; and
284 (d) any other information the CTE Board considers relevant to the study.
285 (2) In conducting the comprehensive study described in Subsection (1), the CTE Board
286 shall coordinate with the Office of the Legislative Auditor General and, to the extent possible,
287 use data collected by the Office of the Legislative Auditor General to complete the study.
288 (3) (a) The State Board of Education, the State Board of Regents, and [
289
290 (i) provide data that the department requests for the study; and
291 (ii) coordinate with the department to conduct the study.
292 (b) Notwithstanding the requirements in Subsection (3)(a), the board shall have
293 discretion to gather and report information as part of the comprehensive study of CTE that is
294 readily accessible through current financial and data systems.
295 (4) The CTE Board may:
296 (a) contract with a third party, in accordance with Title 63G, Chapter 6a, Utah
297 Procurement Code, to conduct the comprehensive study described in Subsection (1); and
298 (b) as funding allows, hire staff.
299 (5) Based on the comprehensive study described in Subsection (1), the CTE Board
300 shall make recommendations to the Legislature related to:
301 (a) CTE funding;
302 (b) CTE governance and administration;
303 (c) benchmarks or criteria for a CTE program to demonstrate that the CTE program
304 fills:
305 (i) an educational need for a student;
306 (ii) a school's need to offer a particular CTE program; or
307 (iii) an employment need for a Utah business or industry; and
308 (d) any other CTE related recommendations.
309 (6) (a) On or before November 1, 2015, the CTE Board shall report on the progress of
310 the comprehensive study described in Subsection (1).
311 (b) On or before November 1, 2016, the CTE Board shall report on the final results of
312 the comprehensive study described in Subsection (1); and
313 (c) On or before November 1, 2017, the CTE Board shall report on the
314 recommendations described in Subsection (5).
315 (d) The CTE Board shall make the reports described in this Subsection (6) to:
316 (i) the Education Interim Committee;
317 (ii) the Executive Appropriations Committee;
318 (iii) the governor;
319 (iv) the State Board of Education;
320 (v) the State Board of Regents; and
321 (vi) the Utah [
322 Trustees.
323 Section 4. Section 53A-1-203 is amended to read:
324 53A-1-203. State board meetings -- Quorum requirements.
325 (1) The State Board of Education shall meet at the call of the chairman and at least 11
326 times each year.
327 [
328
329 [
330
331 [
332
333 [
334
335 [
336 Board of Education.
337 Section 5. Section 53A-1-402 is amended to read:
338 53A-1-402. Board to establish minimum standards for public schools.
339 (1) The State Board of Education shall establish rules and minimum standards for the
340 public schools that are consistent with this title, including rules and minimum standards
341 governing the following:
342 (a) (i) the qualification and certification of educators and ancillary personnel who
343 provide direct student services;
344 (ii) required school administrative and supervisory services; and
345 (iii) the evaluation of instructional personnel;
346 (b) (i) access to programs;
347 (ii) attendance;
348 (iii) competency levels;
349 (iv) graduation requirements; and
350 (v) discipline and control;
351 (c) (i) school accreditation;
352 (ii) the academic year;
353 (iii) alternative and pilot programs;
354 (iv) curriculum and instruction requirements;
355 (v) school libraries; and
356 (vi) services to:
357 (A) persons with a disability as defined by and covered under:
358 (I) the Americans with Disabilities Act of 1990, 42 U.S.C. 12102;
359 (II) the Rehabilitation Act of 1973, 29 U.S.C. 705(20)(A); and
360 (III) the Individuals with Disabilities Education Act, 20 U.S.C. 1401(3); and
361 (B) other special groups;
362 (d) (i) state reimbursed bus routes;
363 (ii) bus safety and operational requirements; and
364 (iii) other transportation needs; and
365 (e) (i) school productivity and cost effectiveness measures;
366 (ii) federal programs;
367 (iii) school budget formats; and
368 (iv) financial, statistical, and student accounting requirements.
369 (2) The [
370 (a) the minimum standards have been met; and
371 (b) required reports are properly submitted.
372 (3) The [
373 distribute to eligible applicants funds made available through programs of the federal
374 government.
375 (4) (a) [
376
377 education courses that fulfill high school graduation requirements, as requested and authorized
378 by the State Board of Education.
379 (b) A school district may grant a high school diploma to a student participating in
380 [
381
382 listed in Section 53B-2a-105.
383 Section 6. Section 53A-1-403.5 is amended to read:
384 53A-1-403.5. Education of persons in custody of the Utah Department of
385 Corrections -- Contracting for services -- Recidivism reduction plan -- Collaboration
386 among state agencies.
387 (1) The State Board of Education and the Utah Department of Corrections, subject to
388 legislative appropriation, are responsible for the education of persons in the custody of the Utah
389 Department of Corrections.
390 (2) (a) To fulfill the responsibility under Subsection (1), the State Board of Education
391 and the Utah Department of Corrections shall, where feasible, contract with appropriate private
392 or public agencies to provide educational and related administrative services. Contracts for
393 postsecondary education and training shall be under Subsection (2)(b).
394 (b) (i) The contract under Subsection (2)(a) to provide postsecondary education and
395 training shall be with a community college if the correctional facility is located within the
396 service region of a community college, except under Subsection (2)(b)(ii).
397 (ii) If the community college under Subsection (2)(b)(i) declines to provide the
398 education and training or cannot meet reasonable contractual terms for providing the education
399 and training as specified by the Utah Department of Corrections, postsecondary education and
400 training under Subsection (2)(a) may be procured through other appropriate private or public
401 agencies.
402 (3) (a) As its corrections education program, the State Board of Education and the Utah
403 Department of Corrections shall develop and implement a recidivism reduction plan, including
404 the following components:
405 (i) inmate assessment;
406 (ii) cognitive problem-solving skills;
407 (iii) basic literacy skills;
408 (iv) career skills;
409 (v) job placement;
410 (vi) postrelease tracking and support;
411 (vii) research and evaluation;
412 (viii) family involvement and support; and
413 (ix) multiagency collaboration.
414 (b) The plan shall be developed and implemented through the State Board of Education
415 and the Utah Department of Corrections in collaboration with the following entities:
416 (i) the State Board of Regents;
417 (ii) the [
418 Board of Trustees;
419 (iii) local boards of education;
420 (iv) the Department of Workforce Services;
421 (v) the Department of Human Services;
422 (vi) the Board of Pardons and Parole;
423 (vii) the Utah State Office of Rehabilitation; and
424 (viii) the Governor's Office.
425 (4) By July 1, 2014, and every three years thereafter, the Utah Department of
426 Corrections shall make a report to the State Board of Education and the Law Enforcement and
427 Criminal Justice Interim Committee evaluating the impact of corrections education programs
428 on recidivism.
429 Section 7. Section 53A-1a-501.3 is amended to read:
430 53A-1a-501.3. Definitions.
431 As used in this part:
432 (1) "Asset" means property of all kinds, real and personal, tangible and intangible, and
433 includes:
434 (a) cash;
435 (b) stock or other investments;
436 (c) real property;
437 (d) equipment and supplies;
438 (e) an ownership interest;
439 (f) a license;
440 (g) a cause of action; and
441 (h) any similar property.
442 (2) "Board of trustees of a higher education institution" or "board of trustees" means:
443 (a) the board of trustees of:
444 (i) the University of Utah;
445 (ii) Utah State University;
446 (iii) Weber State University;
447 (iv) Southern Utah University;
448 (v) Snow College;
449 (vi) Dixie State University;
450 (vii) Utah Valley University; or
451 (viii) Salt Lake Community College; or
452 (b) the board of directors of [
453
454 (3) "Charter agreement" or "charter" means an agreement made in accordance with
455 Section 53A-1a-508[
456 (4) "Charter school authorizer" or "authorizer" means the State Charter School Board, a
457 local school board, or a board of trustees of a higher education institution that authorizes the
458 establishment of a charter school.
459 (5) "Governing board" means the board that operates a charter school.
460 Section 8. Section 53A-1a-521 is amended to read:
461 53A-1a-521. Charter schools authorized by a board of trustees of a higher
462 education institution -- Application process -- Board of trustees responsibilities.
463 (1) Subject to the approval of the State Board of Education and except as provided in
464 Subsection (8), an applicant identified in Section 53A-1a-504 may enter into an agreement with
465 a board of trustees of a higher education institution authorizing the applicant to establish and
466 operate a charter school.
467 (2) (a) An applicant applying for authorization from a board of trustees to establish and
468 operate a charter school shall provide a copy of the application to the State Charter School
469 Board and the local school board of the school district in which the proposed charter school
470 [
471 the board of trustees.
472 (b) The State Charter School Board and the local school board may review the
473 application and offer suggestions or recommendations to the applicant or the board of trustees
474 before acting on the application.
475 (c) The board of trustees shall give due consideration to suggestions or
476 recommendations made by the State Charter School Board or the local school board under
477 Subsection (2)(b).
478 (3) (a) If a board of trustees approves an application to establish and operate a charter
479 school, the board of trustees shall submit the application to the State Board of Education.
480 (b) The State Board of Education shall, by majority vote, within 60 days of receipt of
481 the application, approve or deny an application approved by a board of trustees.
482 (c) The State Board of Education's action under Subsection (3)(b) is final action subject
483 to judicial review.
484 (4) The State Board of Education shall make a rule providing a timeline for the
485 opening of a charter school following the approval of a charter school application by a board of
486 trustees.
487 (5) After approval of a charter school application, the applicant and the board of
488 trustees shall set forth the terms and conditions for the operation of the charter school in a
489 written charter agreement.
490 (6) (a) The school's charter may include a provision that the charter school pay an
491 annual fee for the board of trustees' costs in providing oversight of, and technical support to,
492 the charter school in accordance with Subsection (7).
493 (b) In the first two years that a charter school is in operation, an annual fee described in
494 Subsection (6)(a) may not exceed the product of 3% of the revenue the charter school receives
495 from the state in the current fiscal year.
496 (c) Beginning with the third year that a charter school is in operation, an annual fee
497 described in Subsection (6)(a) may not exceed the product of 1% of the revenue a charter
498 school receives from the state in the current fiscal year.
499 (d) An annual fee described in Subsection (6)(a) shall be:
500 (i) paid to the board of trustees' higher education institution; and
501 (ii) expended as directed by the board of trustees.
502 (7) A board of trustees shall:
503 (a) annually review and evaluate the performance of charter schools authorized by the
504 board of trustees and hold the schools accountable for their performance;
505 (b) monitor charter schools authorized by the board of trustees for compliance with
506 federal and state laws, rules, and regulations; and
507 (c) provide technical support to charter schools authorized by the board of trustees to
508 assist them in understanding and performing their charter obligations.
509 (8) (a) In addition to complying with the requirements of this section, a technical
510 college board of directors [
511
512
513 agreement to establish and operate a charter school.
514 (b) If a technical college board of directors [
515
516 charter school, the [
517 application to the [
518 Board of Trustees.
519 (c) The Utah [
520 Trustees shall, by majority vote, within 60 days of receipt of [
521 Subsection (8)(b), approve or deny the application [
522
523 (d) The Utah [
524 Trustees may deny an application approved by [
525 board of directors if the proposed charter school does not accomplish a purpose of charter
526 schools as provided in Section 53A-1a-503.
527 (e) A charter school application may not be denied on the basis that the establishment
528 of the charter school will have any or all of the following impacts on a public school, including
529 another charter school:
530 (i) an enrollment decline;
531 (ii) a decrease in funding; or
532 (iii) a modification of programs or services.
533 (9) (a) Subject to the requirements of this part, [
534 college board of directors may establish:
535 (i) procedures for submitting applications to establish and operate a charter school;
536 [
537 (ii) criteria for approval of an application to establish and operate a charter school.
538 (b) The Utah [
539 Trustees may not establish policy governing the procedures or criteria described in Subsection
540 (9)(a).
541 (10) Before [
542 charter school application, the [
543 in accordance with State Board of Education rules, establish and make public:
544 (a) application requirements, in accordance with Section 53A-1a-504;
545 (b) the application process, including timelines, in accordance with this section; and
546 (c) minimum academic, financial, and enrollment standards.
547 Section 9. Section 53A-13-101.5 is amended to read:
548 53A-13-101.5. Teaching of American sign language.
549 (1) The Legislature recognizes that American sign language is a fully developed,
550 autonomous, natural language with distinct grammar, syntax, and art forms.
551 (2) American sign language shall be accorded equal status with other linguistic systems
552 in the state's public and higher education systems.
553 (3) The State Board of Education, in consultation with the state's school districts and
554 members of the deaf and hard of hearing community, shall develop and implement policies and
555 procedures for the teaching of American sign language in the state's public education system at
556 least at the middle school or high school level.
557 (4) A student may count credit received for completion of a course in American sign
558 language at the middle school or high school level [
559 foreign language requirement in the public education system under rules made by the State
560 Board of Education.
561 (5) The State Board of Regents, in consultation with the state's public institutions of
562 higher education and members of the state's deaf and hard of hearing community, shall develop
563 and implement policies and procedures for offering instruction in American sign language in
564 the state's system of higher education [
565
566 (6) The Joint Liaison Committee, in consultation with members of the state's deaf and
567 hard of hearing community, shall review any policies and procedures developed under this
568 section and make recommendations to either or both boards regarding the policies.
569 Section 10. Section 53A-15-102 is amended to read:
570 53A-15-102. Early graduation incentives -- Incentive to school district -- Partial
571 tuition scholarship for student -- Payments.
572 (1) Any secondary public school student who has completed all required courses or
573 demonstrated mastery of required skills and competencies may, with the approval of the
574 student, the student's parent or guardian, and an authorized local school official, graduate at any
575 time.
576 (2) Each public high school shall receive an amount equal to 1/2 of the scholarship
577 awarded to each student who graduates from the school at or prior to the conclusion of [
578
579 conclusion of [
580 (3) (a) A student who graduates from high school at or prior to the conclusion of [
581
582 one year or $1,000 to be used for full time enrollment at a Utah public college, university,
583 community college, [
584
585 accredited by the Northwest Association of Schools and Colleges that offers postsecondary
586 courses of the student's choice upon verification that the student has registered at the institution
587 during the fiscal year following graduation from high school.
588 (b) In the case of a student who graduates after the conclusion of [
589 11 but prior to the conclusion of [
590 scholarship of a proportionately lesser amount.
591 (4) (a) The payments authorized in Subsections (2) and (3)(a) shall be made during the
592 fiscal year that follows the student's graduation.
593 (b) The payments authorized in Subsection (3)(b) may be made during the fiscal year in
594 which the student graduates or the fiscal year following the student's graduation.
595 (5) (a) The State Board of Education shall administer the payment program authorized
596 in Subsections (2), (3), and (4).
597 (b) The Legislature shall make an annual appropriation from the Education Fund to the
598 State Board of Education for the costs associated with the Centennial Scholarship Program
599 based on the projected number of students who will graduate before the conclusion of [
600
601 Section 11. Section 53A-15-202 is amended to read:
602 53A-15-202. Powers of the board.
603 The State Board of Education:
604 (1) shall establish minimum standards for career and technical education programs in
605 the public education system;
606 (2) may apply for, receive, administer, and distribute funds made available through
607 programs of federal and state governments to promote and aid career and technical education;
608 (3) shall cooperate with federal and state governments to administer programs [
609 that promote and maintain career and technical education;
610 (4) shall cooperate with the Utah [
611 Technical Colleges Board of Trustees, Salt Lake Community College's School of Applied
612 Technology, Snow College, and Utah State University Eastern to ensure that students in the
613 public education system have access to career and technical education at Utah [
614
615 Lake Community College's School of Applied Technology, Snow College, and Utah State
616 University Eastern;
617 (5) shall require that before a minor student may participate in clinical experiences as
618 part of a health care occupation program at a high school or other institution to which the
619 student has been referred, the student's parent or legal guardian has:
620 (a) been first given written notice through appropriate disclosure when registering and
621 prior to participation that the program contains a clinical experience segment in which the
622 student will observe and perform specific health care procedures that may include personal
623 care, patient bathing, and bathroom assistance; and
624 (b) provided specific written consent for the student's participation in the program and
625 clinical experience; and
626 (6) shall, after consulting with school districts, charter schools, the Utah [
627
628 College's School of Applied Technology, Snow College, and Utah State University Eastern,
629 prepare and submit an annual report to the governor and to the Legislature's Education Interim
630 Committee by October 31 of each year detailing:
631 (a) how the career and technical education needs of secondary students are being met;
632 and
633 (b) [
634 (i) at [
635 (ii) within the regions served by Salt Lake Community College's School of Applied
636 Technology, Snow College, and Utah State University Eastern.
637 Section 12. Section 53A-17a-114 is amended to read:
638 53A-17a-114. Career and technical education program alternatives.
639 (1) A secondary student may attend [
640
641 secondary student's career and technical education goals are better achieved by attending [
642
643 (a) the secondary student; and
644 (b) if the secondary student is a minor, the secondary student's parent or legal guardian.
645 (2) A secondary student served under this section by [
646
647 53B-2a-105 shall be counted in the average daily membership of the sending school district or
648 charter school.
649 Section 13. Section 53B-1-101 is amended to read:
650 53B-1-101. Purpose of title.
651 It is the purpose of this title:
652 (1) to provide a high quality, efficient, and economical public system of higher
653 education and technical education through [
654 planning [
655 [
656 (a) provides for the economic vitality of the state;
657 (b) provides for the systematic and orderly development of facilities and quality
658 programs;
659 (c) provides for coordination and consolidation; and
660 (d) [
661 institution [
662
663 [
664
665
666
667 (2) to vest in the State Board of Regents and the Utah System of Technical Colleges
668 Board of Trustees power and authority to govern and coordinate, consistent with state law; and
669 (3) to provide for the delegation of certain powers to:
670 (a) institution of higher education boards of trustees;
671 (b) technical college boards of directors; and
672 (c) presidents of higher education institutions and technical colleges.
673 Section 14. Section 53B-1-101.5 is amended to read:
674 53B-1-101.5. Definitions.
675 As used in this title:
676 (1) "Board" means the State Board of Regents established in Section 53B-1-103.
677 (2) "Career and technical education" means organized educational programs offering
678 sequences of courses or skill sets directly related to preparing individuals for paid or unpaid
679 employment in current or emerging occupations that generally do not require a baccalaureate or
680 advanced degree.
681 (3) "Commissioner" means the commissioner of higher education appointed in
682 accordance with Section 53B-1-105.
683 (4) "Technical college" means, except as provided in Section 53B-26-102, a member
684 college of the Utah System of Technical Colleges listed in Section 53B-2a-105.
685 Section 15. Section 53B-1-102 is amended to read:
686 53B-1-102. State system of higher education.
687 (1) The state system of higher education consists of [
688 (a) the Utah System of Higher Education, which consists of the following institutions:
689 [
690 [
691 [
692 [
693 [
694 [
695 [
696 [
697 [
698 [
699 (b) the Utah System of Technical Colleges, which consists of the following
700 institutions:
701 (i) the Utah System of Technical Colleges Board of Trustees;
702 (ii) Bridgerland Technical College;
703 (iii) Davis Technical College;
704 (iv) Dixie Technical College;
705 (v) Mountainland Technical College;
706 (vi) Ogden-Weber Technical College;
707 (vii) Southwest Technical College;
708 (viii) Tooele Technical College; and
709 (ix) Uintah Basin Technical College; and
710 [
711 designate.
712 (2) A change in the name of an institution within the [
713 System of Higher Education shall not be considered a change in the role or mission of the
714 institution, unless otherwise authorized by the State Board of Regents.
715 (3) It is not the intent of the Legislature to increase the number of research universities
716 in the state beyond the University of Utah and Utah State University.
717 (4) [
718 sue and be sued and to contract and be contracted with.
719 Section 16. Section 53B-1-103 is amended to read:
720 53B-1-103. Establishment of State Board of Regents -- Powers, duties, and
721 authority.
722 (1) There is established a State Board of Regents.
723 (2) (a) Except as provided in Subsection (2)(b), the board [
724 control, [
725 education designated in Section 53B-1-102 in a manner consistent with the policy and purpose
726 of this title and the specific powers and responsibilities granted to [
727 (b) The board may only exercise powers relating to the [
728
729 Utah System of Technical Colleges Board of Trustees, the Utah System of Technical Colleges,
730 or a technical college that are specifically provided in this title.
731 (3) The board shall, for the Utah System of Higher Education:
732 (a) provide strategic leadership and link system capacity to the economy and workforce
733 needs;
734 (b) enhance the impact and efficiency of the system;
735 (c) establish measurable goals and metrics and delineate the expected contributions of
736 individual institutions of higher education toward these goals;
737 (d) evaluate presidents based on institutional performance;
738 (e) delegate to presidents the authority to manage the presidents' institutions of higher
739 education;
740 (f) administer statewide functions including system data collection and reporting;
741 (g) establish unified budget, finance, and capital funding priorities and practices; and
742 (h) provide system leadership on issues that have a system-wide impact, including:
743 (i) statewide college access and college preparedness initiatives;
744 (ii) learning opportunities drawn from multiple campuses or online learning options,
745 including new modes of delivery of content at multiple locations;
746 (iii) degree program requirement guidelines including credit hour limits, articulation
747 agreements, and transfer across institutions;
748 (iv) alignment of general education requirements across institutions of higher
749 education;
750 (v) incorporation of evidence-based practices that increase college completion; and
751 (vi) monitoring of workforce needs, with an emphasis on credentials that build upon
752 one another.
753 [
754 Utah [
755
756 institutions of higher education.
757 [
758 progress and recommendations on career and technical education issues and addressing
759 workforce needs to the governor and to the Legislature's Education Interim Committee by
760 October 31 of each year, which shall include information detailing:
761 [
762 met by institutions of higher education [
763
764 access secondary students have to programs offered by Salt Lake Community College's School
765 of Applied Technology, Snow College, and Utah State University Eastern;
766 [
767 and industry is being provided;
768 [
769 [
770 [
771 [
772 (d) an analysis of workforce needs and efforts to meet workforce needs; and
773 [
774 [
775 modify the name of an institution [
776
777 study of the institution.
778 [
779 to merging [
780 higher education[
781 [
782 [
783 [
784 [
785 [
786 [
787 [
788 [
789 [
790 of Education to apply for, accept, and manage federal appropriations for the establishment and
791 maintenance of career and technical education.
792 [
793
794 [
795
796 [
797
798 [
799 [
800
801 [
802
803 [
804
805 [
806 [
807
808
809 Section 17. Section 53B-1-104 is amended to read:
810 53B-1-104. Membership of the board -- Student appointee -- Terms -- Oath --
811 Officers -- Committees -- Bylaws -- Meetings -- Quorum -- Vacancies -- Compensation.
812 [
813 [
814
815 [
816
817 [
818
819 [
820 [
821 [
822 [
823
824 [
825 [
826
827
828 [
829
830 [
831
832
833 [
834
835
836 [
837
838
839
840 [
841
842
843 [
844
845
846
847 [
848
849 [
850
851 [
852
853 (1) Except as provided in Subsection (2), the board consists of 17 residents of the state
854 appointed by the governor with the consent of the Senate, as follows:
855 (a) eight at large members;
856 (b) eight members, each of whom is:
857 (i) selected from three nominees presented to the governor by a higher education
858 institution board of trustees; and
859 (ii) a current or former member of the institution of higher education board of trustees
860 that nominates the member; and
861 (c) one member, selected from three nominees presented to the governor by the student
862 body presidents of the institutions of higher education, who:
863 (i) is a fully matriculated student enrolled in an institution of higher education; and
864 (ii) is not serving as a student body president at the time of the nomination.
865 (2) (a) (i) An individual appointed to the board on or before May 8, 2017, may serve on
866 the board, even if the individual does not fulfill a requirement for the composition of the board
867 described in Subsection (1).
868 (ii) The governor may reappoint a member described in Subsection (2)(a)(i) when the
869 member's term expires.
870 (b) An individual appointed to the board on or before May 8, 2017, who is a current or
871 former member of an institution of higher education board of trustees is the board member for
872 the institution of higher education described in Subsection (1)(b).
873 (c) (i) Subject to Subsection (2)(c)(ii), as positions on the board become vacant, the
874 governor shall ensure that newly appointed members move the board toward the composition
875 described in Subsection (1).
876 (ii) In appointing a new member to the board, the governor shall first appoint a member
877 described in Subsection (1)(b) until the eight positions described in Subsection (1)(b) are filled.
878 (3) (a) All appointments to the board shall be made on a nonpartisan basis.
879 (b) In making appointments to the board, the governor shall consider:
880 (i) geographic representation of members;
881 (ii) diversity;
882 (iii) experience in higher education governance;
883 (iv) experience in economic development; and
884 (v) exposure to institutions of higher education.
885 (c) An individual may not serve simultaneously on the State Board of Regents and an
886 institution of higher education board of trustees.
887 (4) (a) Except as provided in Subsection (4)(b), members of the board shall be
888 appointed to six-year staggered terms, which begin on July 1 of the year of appointment.
889 (b) A student member described in Subsection (1)(c) shall be appointed to a one-year
890 term.
891 [
892 entering upon the duties of office.
893 (b) The oath shall be filed with the Division of Archives and Records Services.
894 [
895 members who shall serve terms of two years and until their successors are chosen and
896 qualified.
897 [
898 executive to serve at [
899 (b) The secretary [
900 board.
901 (c) The secretary shall record and maintain a record of all board meetings and perform
902 other duties as the board directs.
903 [
904 [
905 (b) The powers and authority of the board are nondelegable, except as specifically
906 provided for in this title.
907 (c) All matters requiring board determination shall be addressed in a properly convened
908 meeting of the board or [
909 [
910 inconsistent with the constitution or the laws of this state.
911 [
912 (b) The board may also meet, in full or executive session, at the request of [
913 chair, [
914 [
915 the board's business and consists of nine members.
916 [
917 member's full term shall be immediately filled by appointment by the governor with the
918 consent of the Senate.
919 (b) [
920 remainder of the unexpired term.
921 [
922 member's service, but may receive per diem and travel expenses in accordance with:
923 (a) Section 63A-3-106;
924 (b) Section 63A-3-107; and
925 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
926 63A-3-107.
927 Section 18. Section 53B-1-112 is enacted to read:
928 53B-1-112. Coordination for education.
929 (1) At least quarterly, in order to coordinate education services, individuals who have
930 responsibilities related to Utah's education system shall meet, including:
931 (a) the state superintendent of public instruction described in Section 53A-1-301;
932 (b) the commissioner;
933 (c) the commissioner of technical education described in Section 53B-2a-102;
934 (d) the executive director of the Department of Workforce Services described in
935 Section 35A-1-201;
936 (e) the executive director of the Governor's Office of Economic Development
937 described in Section 63N-1-202;
938 (f) the chair of the State Board of Education;
939 (g) the chair of the State Board of Regents;
940 (h) the chair of the Utah System of Technical Colleges Board of Trustees described in
941 Section 53B-2a-103; and
942 (i) the chairs of the Education Interim Committee.
943 (2) A meeting described in this section is not subject to Title 52, Chapter 4, Open and
944 Public Meetings Act.
945 Section 19. Section 53B-2-101 is amended to read:
946 53B-2-101. Institutions of higher education -- Corporate bodies -- Powers.
947 (1) The following institutions of higher education are bodies politic and corporate with
948 perpetual succession and with all rights, immunities, and franchises necessary to function as
949 such:
950 (a) the University of Utah;
951 (b) Utah State University;
952 (c) Weber State University;
953 (d) Southern Utah University;
954 (e) Snow College;
955 (f) Dixie State University;
956 (g) Utah Valley University;
957 (h) Salt Lake Community College; [
958 [
959 (i) Bridgerland Technical College;
960 (j) Davis Technical College;
961 (k) Dixie Technical College;
962 (l) Mountainland Technical College;
963 (m) Ogden-Weber Technical College;
964 (n) Southwest Technical College;
965 (o) Tooele Technical College; and
966 (p) Uintah Basin Technical College.
967 (2) (a) [
968 may, subject to Section 53B-20-103, take, hold, lease, sell, and convey real and personal
969 property as the interest of the institution requires.
970 (b) [
971 and endowments of, and is subject to, all the contracts, obligations, and liabilities of [
972 institution's respective predecessor.
973 (c) (i) [
974 or dealings with private seed or venture capital entities or partnerships consistent with Utah
975 Constitution Article VI, Section 29, Subsection (2).
976 (ii) A business dealing or relationship entered into under Subsection (2)(c)(i) does not
977 preclude the private entity or partnership from participating in or receiving benefits from a
978 venture capital program authorized or sanctioned by the laws of this state, unless otherwise
979 precluded by the specific law that authorizes or sanctions the program.
980 [
981
982 Section 20. Section 53B-2-102 is repealed and reenacted to read:
983 53B-2-102. Board to appoint president for each institution.
984 (1) As used in this section:
985 (a) "Institution of higher education" means an institution that is part of the Utah System
986 of Higher Education described in Subsection 53B-1-102(1)(a).
987 (b) "Search committee" means a committee that selects finalists for a position as an
988 institution of higher education president.
989 (2) The board shall appoint a president for each institution of higher education.
990 (3) An institution of higher education president serves at the pleasure of the board.
991 (4) (a) To appoint an institution of higher education president, the board shall establish
992 a search committee that includes representatives of faculty, staff, students, the institution of
993 higher education board of trustees, alumni, the outgoing institution of higher education
994 president's executive council or cabinet, and the board.
995 (b) A search committee shall be cochaired by a member of the board and the institution
996 of higher education board of trustees.
997 (c) A search committee described in Subsection (4)(a) shall forward three to five
998 finalists to the board to consider for a position as an institution of higher education president.
999 (d) A search committee may not forward an individual to the board as a finalist unless
1000 two-thirds of the search committee members, as verified by the commissioner, find the
1001 individual to be qualified and likely to succeed as an institution of higher education president.
1002 (5) (a) The board shall select an institution of higher education president from among
1003 the finalists presented by a search committee.
1004 (b) If the board is not satisfied with the finalists forwarded by a search committee, the
1005 board may direct the search committee to resume the search process until the search committee
1006 has forwarded three finalists with which the board is satisfied.
1007 (6) The board, through the commissioner, shall create a comprehensive, active
1008 recruiting plan to ensure a strong, diverse pool of potential candidates for institution of higher
1009 education presidents.
1010 (7) (a) Except as provided in Subsection (7)(b), a record or information gathered or
1011 generated during the search process, including a candidate's application and the search
1012 committee's deliberations, is confidential and is a protected record under Section 63G-2-305.
1013 (b) Application materials for a publicly named finalist described in Section (5)(a) are
1014 not protected records under Section 63G-2-305.
1015 Section 21. Section 53B-2-103 is amended to read:
1016 53B-2-103. Boards of trustees -- Powers and duties.
1017 (1) Each college [
1018 behalf of [
1019 functions as may be specifically authorized to the board of trustees by the State Board of
1020 Regents.
1021 (2) A board of trustees has the following powers and duties:
1022 (a) [
1023 (b) [
1024 development projects aimed at supplementing institutional appropriations;
1025 (c) [
1026 identification with the [
1027 (d) [
1028 (e) to approve changes to the institution of higher education's programs, in accordance
1029 with Section 53B-16-102.
1030 Section 22. Section 53B-2-104 is amended to read:
1031 53B-2-104. Memberships of board of trustees -- Terms -- Vacancies -- Oath --
1032 Officers -- Bylaws -- Quorum -- Committees -- Compensation -- Applicability to technical
1033 colleges.
1034 (1) (a) [
1035 institution of higher education consists of the following:
1036 (i) except as provided in Subsection 53B-18-1201(3)(b), eight [
1037 appointed by the governor [
1038 (ii) two ex officio members who are the president of the institution's alumni
1039 association, and the president of the associated students of the institution.
1040 (b) The appointed members of the boards of trustees for Utah Valley University and
1041 Salt Lake Community College shall be representative of the interests of business, industry, and
1042 labor.
1043 (2) (a) The governor shall appoint four members of each board of trustees during each
1044 odd-numbered year to four-year terms commencing on July 1 of the year of appointment.
1045 (b) An appointed member holds office until a successor is appointed and qualified.
1046 (c) The ex officio members serve for the same period as they serve as presidents and
1047 until their successors have qualified.
1048 (3) When a vacancy occurs in the membership of a board of trustees for any reason, the
1049 replacement shall be appointed for the unexpired term.
1050 (4) (a) Each member of a board of trustees shall take the official oath of office prior to
1051 assuming the office.
1052 (b) The oath shall be filed with the Division of Archives and Records Services.
1053 (5) [
1054 years and until their successors are elected and qualified.
1055 (6) (a) [
1056 government, including [
1057 (b) (i) [
1058 board of trustees' bylaws.
1059 (ii) If established, [
1060 trustees to act upon routine matters during the interim between board of trustees meetings.
1061 (iii) [
1062 extraordinary and emergency circumstances.
1063 (iv) [
1064 activities to the board of trustees at [
1065 the action.
1066 (c) Copies of [
1067 (7) A quorum is required to conduct business and consists of six members.
1068 (8) A board of trustees may establish advisory committees.
1069 (9) A member may not receive compensation or benefits for the member's service, but
1070 may receive per diem and travel expenses in accordance with:
1071 (a) Section 63A-3-106;
1072 (b) Section 63A-3-107; and
1073 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1074 63A-3-107.
1075 (10) This section does not apply to a technical college board of directors [
1076
1077 53B-2a-108.
1078 Section 23. Section 53B-2-106 is amended to read:
1079 53B-2-106. Duties and responsibilities of the president of an institution of higher
1080 education -- Approval by board of trustees -- Applicability to a technical college
1081 president.
1082 (1) (a) [
1083 higher education described in Section 53B-2-101 may exercise grants of power and authority as
1084 delegated by the board, as well as the necessary and proper exercise of powers and authority
1085 not specifically denied to the institution[
1086 education's administration, faculty, or students by the board or by law, to [
1087 effective and efficient administration and operation of the institution of higher education
1088 consistent with the statewide master plan for higher education.
1089 (b) The president of each institution of higher education may, after consultation with
1090 the [
1091 the [
1092 under contract with the institution of higher education, by implementing [
1093 (i) furloughs;
1094 (ii) reductions in force;
1095 (iii) benefit adjustments;
1096 (iv) program reductions or discontinuance;
1097 (v) early retirement incentives that provide cost savings to the institution[
1098 higher education; or
1099 (vi) other measures that provide cost savings to the institution of higher education.
1100 (2) Except as provided by the board, the president of each institution of higher
1101 education, with the approval of the [
1102 trustees, may:
1103 (a) (i) appoint a secretary, a treasurer, administrative officers, deans, faculty members,
1104 and other professional personnel, prescribe their duties, and determine their salaries;
1105 (ii) appoint support personnel, prescribe their duties, and determine their salaries from
1106 the [
1107 (A) be based upon similarity of duties and responsibilities within the institution of
1108 higher education; and
1109 (B) as funds permit, provide salary and benefits comparable with private enterprise;
1110 (iii) adopt policies for:
1111 (A) employee sick leave use and accrual; and
1112 (B) service recognition for employees with more than 15 years of employment with the
1113 institution of higher education; and
1114 (iv) subject to the authority of, the policy established by, and the approval of the board
1115 [
1116 education as bodies politic and corporate, appoint attorneys to provide legal advice to the
1117 [
1118 within the institution of higher education. The board [
1119 attorneys at the institutions of higher education. The institutions of higher education shall
1120 provide an annual report to the board [
1121 These appointed attorneys may not conduct litigation, settle claims covered by the State Risk
1122 Management Fund, or issue formal legal opinions, but shall, in all respects, cooperate with the
1123 Office of the Attorney General in providing legal representation to the institution of higher
1124 education;
1125 (b) provide for the constitution, government, and organization of the faculty and
1126 administration, and enact implementing rules, including the establishment of a prescribed
1127 system of tenure;
1128 (c) authorize the faculty to determine the general initiation and direction of instruction
1129 and of the examination, admission, and classification of students. In recognition of the diverse
1130 nature and traditions of the various institutions governed by the board, the systems of faculty
1131 government need not be identical but should be designed to further faculty identification with
1132 and involvement in the institution's pursuit of achievement and excellence and in fulfillment of
1133 the institution's role as established in the statewide master plan for higher education; and
1134 (d) enact rules for administration and operation of the institution which are consistent
1135 with the prescribed role established by the board, rules enacted by the board, or the laws of the
1136 state. The rules may provide for administrative, faculty, student, and joint committees with
1137 jurisdiction over specified institutional matters, for student government and student affairs
1138 organization, for the establishment of institutional standards in furtherance of the ideals of
1139 higher education fostered and subscribed to by the institution[
1140 institution of higher education's administration, faculty, and students, and for the holding of
1141 classes on legal holidays, other than Sunday.
1142 (3) Compensation costs and related office expenses for appointed attorneys shall be
1143 funded within existing budgets.
1144 (4) The State Board of Regents shall establish guidelines relating to the roles and
1145 relationships between institutional presidents and boards of trustees, including those matters
1146 which must be approved by a board of trustees before implementation by the president.
1147 (5) This section does not apply to a technical college president [
1148
1149 Section 24. Section 53B-2a-100.5 is enacted to read:
1150
1151 53B-2a-100.5. Title.
1152 This chapter is known as "Utah System of Technical Colleges."
1153 Section 25. Section 53B-2a-101 is amended to read:
1154 53B-2a-101. Definitions.
1155 As used in this chapter:
1156 [
1157
1158 [
1159 of Technical Colleges Board of Trustees.
1160 [
1161
1162 [
1163 demonstrated through business and industry approved standards and assessments, achieved
1164 through participation in a hands-on learning environment, and which is tied to observable,
1165 measurable performance objectives.
1166 [
1167 [
1168 (a) a method of instructional delivery that allows for flexible scheduling in response to
1169 individual student needs or requirements and demonstrated competency when knowledge and
1170 skills have been mastered;
1171 (b) students have the flexibility to begin or end study at any time, progress through
1172 course material at their own pace, and demonstrate competency when knowledge and skills
1173 have been mastered; and
1174 (c) if competency is demonstrated in a program of study, a credential, certificate, or
1175 diploma may be awarded.
1176 Section 26. Section 53B-2a-102 is amended to read:
1177 53B-2a-102. Commissioner of technical education -- Appointment -- Duties.
1178 (1) (a) The board of trustees, upon approval from the governor and with the consent of
1179 the Senate, shall appoint a commissioner of technical education to serve as the board of
1180 trustees' chief executive officer.
1181 (b) The commissioner of technical education shall:
1182 (i) have an appropriate and relevant educational background, including, at a minimum,
1183 a master's degree; and
1184 (ii) have extensive experience in career and technical education.
1185 (c) The commissioner of technical education shall serve at the board of trustees'
1186 discretion and may be terminated by:
1187 (i) the board of trustees; or
1188 (ii) the governor, after consultation with the board of trustees.
1189 (d) If the board of trustees intends to appoint an interim or acting commissioner of
1190 technical education during a leave of absence of the commissioner of technical education, the
1191 board of trustees shall appoint the interim or acting commissioner of technical education with
1192 the consent of the Senate.
1193 (e) The name of each final candidate for commissioner of technical education shall be
1194 publicly disclosed.
1195 (2) The board of trustees shall:
1196 (a) set the salary of the commissioner of technical education;
1197 (b) prescribe the duties and functions of the commissioner of technical education; and
1198 (c) select a commissioner of technical education on the basis of outstanding
1199 professional qualifications.
1200 (3) The commissioner of technical education is responsible to the board of trustees to:
1201 (a) ensure that the policies and programs of the board of trustees are properly executed;
1202 (b) furnish information about the Utah [
1203 Technical Colleges and make recommendations regarding the information to the board of
1204 trustees;
1205 (c) provide state-level leadership in an activity affecting [
1206 technical college; and
1207 (d) perform other duties as assigned by the board of trustees in carrying out the board
1208 of trustees' duties and responsibilities.
1209 Section 27. Section 53B-2a-103 is amended to read:
1210 53B-2a-103. Utah System of Technical Colleges Board of Trustees -- Membership
1211 -- Terms -- Vacancies -- Oath -- Officers -- Quorum -- Committees -- Compensation.
1212 (1) There is created the Utah [
1213 Colleges Board of Trustees.
1214 (2) Except as provided in Subsections (3) and (4), the board of trustees is composed of
1215 the following members:
1216 [
1217
1218 [
1219
1220 [
1221
1222 and industry employer members of the [
1223 directors;
1224 [
1225 College Economic Development and Workforce Preparation Advisory Committee appointed by
1226 a majority of the business and industry employer members of the advisory committee;
1227 [
1228 University Eastern career and technical education advisory committee appointed by a majority
1229 of the business and industry employer members of the advisory committee;
1230 [
1231 Community College School of Applied Technology Board of Directors appointed by a majority
1232 of the business and industry employer members of the board of directors;
1233 [
1234 with the consent of the Senate from nominations submitted by the speaker of the House of
1235 Representatives and president of the Senate;
1236 [
1237 prepare workers for employment in career and technical education fields, appointed by the
1238 governor with the consent of the Senate;
1239 [
1240 prepare workers for employment in career and technical education fields, appointed by the
1241 governor with the consent of the Senate; and
1242 [
1243 the executive director's designee.
1244 (3) (a) Beginning on July 1, 2019, the board of trustees is composed of 15 [
1245 members appointed by the governor with the consent of the Senate, as follows:
1246 (i) one member [
1247 two nominees presented to the governor by the board of directors of each [
1248
1249 (ii) one member [
1250 following sectors:
1251 (A) information technology;
1252 (B) manufacturing;
1253 (C) life sciences;
1254 (D) health care;
1255 (E) transportation;
1256 (F) union craft, trade, or apprenticeship; and
1257 (G) non-union craft, trade, or apprenticeship.
1258 (b) The seven members described in Subsection (3)(a)(ii) shall be selected from the
1259 state at large, subject to the following conditions:
1260 (i) at least four members shall reside in a geographic area served by [
1261
1262 (ii) no more than two members may reside in a single geographic area served by [
1263
1264 [
1265
1266
1267 [
1268
1269 [
1270 nonpartisan basis.
1271 (d) An individual may not serve on the board of trustees and a technical college board
1272 of directors simultaneously.
1273 (4) (a) [
1274 of the board of trustees described in Subsection (2) to the composition described in Subsection
1275 (3), for a member who was appointed to the board of trustees on or before May 10, 2016, the
1276 governor shall appoint a replacement:
1277 (i) when the member's current term expires, for a member who, on May 10, 2016, has
1278 served less than two consecutive full terms on the board of trustees; or
1279 (ii) on May 10, 2016, for a member who, on May 10, 2016, has served two or more
1280 consecutive full terms on the board of trustees.
1281 (b) In replacing a member who was appointed under Subsection (2)[
1282 governor shall appoint a member [
1283 represented by the member whose term expires by:
1284 (i) soliciting the [
1285 at least two individuals for the position; and
1286 (ii) selecting from the nominees presented.
1287 (c) In replacing a member who was appointed under Subsections (2)[
1288 (2)[
1289 sectors described in Subsection (3)(a)(ii).
1290 [
1291
1292 [
1293
1294 [
1295 (i) shall appoint a member on a nonpartisan basis; and
1296 (ii) may not reappoint the member who is being replaced if the member has served on
1297 the board of trustees for at least two consecutive full terms.
1298 (5) (a) (i) Except as provided under Subsection (5)(a)(ii), a member shall be appointed
1299 commencing on July 1 of each odd-numbered year to a four-year term.
1300 (ii) The governor shall ensure that member terms are staggered so that approximately
1301 one-half of the members' terms expire in any odd-numbered year.
1302 (b) A member may not hold office for more than two consecutive full terms.
1303 (6) When a vacancy occurs on the board of trustees for any reason, the governor shall
1304 appoint a replacement for the unexpired term.
1305 (7) (a) Each member shall take the official oath of office prior to assuming the office.
1306 (b) The oath shall be filed with the Division of Archives and Records Services.
1307 (8) (a) The board of trustees shall elect a chair and vice chair, who serve for two years
1308 and until their successors are elected and qualified.
1309 (b) A member may not serve more than two consecutive terms as the chair or vice
1310 chair.
1311 (9) (a) The board of trustees shall enact bylaws for the board of trustees' own
1312 government, including provisions for regular meetings.
1313 (b) (i) The board of trustees shall provide for an executive committee in the board of
1314 trustees' bylaws.
1315 (ii) The executive committee shall have full authority of the board of trustees to act
1316 upon routine matters during the interim between board of trustees meetings.
1317 (iii) The executive committee may act on nonroutine matters only under extraordinary
1318 and emergency circumstances.
1319 (iv) The executive committee shall report [
1320 the board of trustees at the board of trustees' next regular meeting following the executive
1321 committee's [
1322 (10) A quorum shall be required to conduct business which shall consist of a majority
1323 of [
1324 (11) The board of trustees may establish advisory committees.
1325 (12) A member may not receive compensation or benefits for the member's service, but
1326 may receive per diem and travel expenses in accordance with:
1327 (a) Section 63A-3-106;
1328 (b) Section 63A-3-107; and
1329 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1330 63A-3-107.
1331 Section 28. Section 53B-2a-104 is amended to read:
1332 53B-2a-104. Utah System of Technical Colleges Board of Trustees -- Powers and
1333 duties.
1334 (1) The [
1335 vested with the control, management, and supervision of [
1336
1337 policy and purpose of this title and the specific powers and responsibilities granted to the board
1338 of trustees.
1339 (2) The board of trustees shall:
1340 (a) ensure that [
1341 requirements in Section 53B-2a-106;
1342 (b) appoint the commissioner of technical education in accordance with Section
1343 53B-2a-102;
1344 (c) advise the commissioner of technical education and the State Board of Regents on
1345 issues related to career and technical education, including articulation with institutions of
1346 higher education and public education;
1347 (d) ensure that a secondary student in the public education system has access to career
1348 and technical education through [
1349 student's service region;
1350 (e) in consultation with the State Board of Education, the State Board of Regents, and
1351 [
1352 technical education in rural areas, considering distances between rural career and technical
1353 education providers;
1354 (f) receive budget requests from each [
1355 and prioritize the requests, and submit the request to:
1356 (i) the Legislature; and
1357 (ii) the Governor's Office of Management and Budget;
1358 (g) receive funding requests pertaining to capital facilities and land purchases from
1359 each [
1360 53B-2a-112, prioritize the requests, and submit the prioritized requests to the State Building
1361 Board;
1362 (h) in conjunction with the commissioner of technical education, establish benchmarks,
1363 provide oversight, evaluate program performance, and obtain independent audits to ensure that
1364 [
1365 mission described in this part;
1366 (i) approve programs for the Utah [
1367 Technical Colleges;
1368 (j) approve the tuition rates for [
1369
1370 (k) prepare and submit an annual report detailing the board of trustees' progress and
1371 recommendations on career and technical education issues to the governor and to the
1372 Legislature's Education Interim Committee by October 31 of each year, which shall include
1373 information detailing:
1374 (i) how the career and technical education needs of secondary students are being met,
1375 including what access secondary students have to programs offered at [
1376 technical colleges;
1377 (ii) how the emphasis on high demand, high wage, and high skill jobs in business and
1378 industry described in Section 53B-2a-106 is being provided;
1379 (iii) performance outcomes, including:
1380 (A) entered employment;
1381 (B) job retention; and
1382 (C) earnings; and
1383 (iv) student tuition and fees; and
1384 (l) collaborate with the State Board of Regents, the State Board of Education, [
1385
1386 Services, and the Governor's Office of Economic Development on the delivery of career and
1387 technical education.
1388 (3) The board of trustees, the commissioner of technical education, or [
1389
1390 feasibility study or perform another act relating to offering a degree or awarding credit.
1391 Section 29. Section 53B-2a-105 is amended to read:
1392 53B-2a-105. Utah System of Technical Colleges -- Composition.
1393 The Utah [
1394 of the following [
1395 (1) Bridgerland [
1396 area encompassing:
1397 (a) the Box Elder School District;
1398 (b) the Cache School District;
1399 (c) the Logan School District; and
1400 (d) the Rich School District;
1401 (2) Ogden-Weber [
1402 geographic area encompassing:
1403 (a) the Ogden City School District; and
1404 (b) the Weber School District;
1405 (3) Davis [
1406 encompassing:
1407 (a) the Davis School District; and
1408 (b) the Morgan School District;
1409 (4) Tooele [
1410 encompassing the Tooele County School District;
1411 (5) Mountainland [
1412 geographic area encompassing:
1413 (a) the Alpine School District;
1414 (b) the Nebo School District;
1415 (c) the Provo School District;
1416 (d) the South Summit School District;
1417 (e) the North Summit School District;
1418 (f) the Wasatch School District; and
1419 (g) the Park City School District;
1420 (6) Uintah Basin [
1421 geographic area encompassing:
1422 (a) the Daggett School District;
1423 (b) the Duchesne School District; and
1424 (c) the Uintah School District;
1425 (7) Southwest [
1426 area encompassing:
1427 (a) the Beaver School District;
1428 (b) the Garfield School District;
1429 (c) the Iron School District; and
1430 (d) the Kane School District; and
1431 (8) Dixie [
1432 encompassing the Washington School District.
1433 Section 30. Section 53B-2a-106 is amended to read:
1434 53B-2a-106. Technical colleges -- Duties.
1435 (1) Each [
1436
1437 college:
1438 (a) offer a noncredit [
1439 technical education curriculum;
1440 (b) offer that curriculum at:
1441 (i) low cost to adult students, as approved by the board of trustees; and
1442 (ii) no tuition to secondary students;
1443 (c) provide career and technical education that will result in:
1444 (i) appropriate licensing, certification, or other evidence of completion of training; and
1445 (ii) qualification for specific employment, with an emphasis on high demand, high
1446 wage, and high skill jobs in business and industry;
1447 (d) develop cooperative agreements with school districts, charter schools, other higher
1448 education institutions, businesses, industries, and community and private agencies to maximize
1449 the availability of instructional facilities within the geographic area served by the [
1450
1451 (e) after consulting with school districts and charter schools within the geographic area
1452 served by the [
1453 (i) ensure that secondary students in the public education system have access to career
1454 and technical education at the [
1455 (ii) prepare and submit an annual report to the board of trustees detailing:
1456 (A) how the career and technical education needs of secondary students within the
1457 region are being met;
1458 (B) what access secondary students within the region have to programs offered at the
1459 [
1460 (C) how the emphasis on high demand, high wage, high skill jobs in business and
1461 industry described in Subsection (1)(c)(ii) is being provided; and
1462 (D) student tuition and fees.
1463 (2) [
1464 (a) a competency-based high school diploma approved by the State Board of Education
1465 in accordance with Section 53A-1-402;
1466 (b) noncredit, basic instruction in areas such as reading, language arts, and
1467 mathematics that are necessary for student success in a chosen career and technical education
1468 or job-related program;
1469 (c) noncredit courses of interest when similar offerings to the community are limited
1470 and courses are financially self-supporting; and
1471 (d) secondary school level courses through the Statewide Online Education Program in
1472 accordance with Section 53A-15-1205.
1473 (3) Except as provided in Subsection (2)(d), [
1474 may not:
1475 (a) offer courses other than noncredit career and technical education or the noncredit,
1476 basic instruction described in Subsections (2)(b) and (c);
1477 (b) offer a degree;
1478 (c) offer career and technical education or basic instruction outside the geographic area
1479 served by the [
1480 an affected institution, except as provided in Subsection (6);
1481 (d) provide tenure or academic rank for its instructors; or
1482 (e) participate in intercollegiate athletics.
1483 (4) The mission of [
1484 career and technical education and may not expand to include credit-based academic programs
1485 typically offered by community colleges or other institutions of higher education.
1486 (5) [
1487 [
1488 Colleges, and regional affiliation shall be retained and recognized through local designations
1489 such as "Bridgerland [
1490
1491 Technical Colleges."
1492 (6) (a) [
1493 education or basic instruction outside the geographic area served by the [
1494 technical college without a cooperative agreement, as required in Subsection (3)(c), if:
1495 (i) the career and technical education or basic instruction is specifically requested by:
1496 (A) an employer; or
1497 (B) a craft, trade, or apprenticeship program;
1498 (ii) the [
1499 request; and
1500 (iii) the affected institution is given an opportunity to make a proposal, prior to any
1501 contract being finalized or training being initiated by the [
1502 college, to the employer, craft, trade, or apprenticeship program about offering the requested
1503 career and technical education or basic instruction, provided that the proposal shall be
1504 presented no later than one business week from the delivery of the notice described under
1505 Subsection (6)(a)(ii).
1506 (b) The requirements under Subsection (6)(a)(iii) do not apply if there is a prior
1507 training relationship.
1508 Section 31. Section 53B-2a-107 is amended to read:
1509 53B-2a-107. Technical college presidents -- Appointments -- Duties.
1510 (1) (a) The board of trustees shall, after consultation with [
1511 technical college board of directors, appoint [
1512
1513 (b) The board of trustees shall establish a policy for appointing [
1514 a technical college president that:
1515 (i) requires the board of trustees to create a search committee that:
1516 (A) [
1517 and members from the [
1518 (B) may include [
1519 individuals;
1520 (ii) requires the search committee to seek nominations, interview candidates, and
1521 forward qualified candidates to the board of trustees for consideration;
1522 (iii) provides for at least two members of the [
1523 board of directors to participate in board of trustees' interviews of finalists; and
1524 (iv) provides for the board of trustees to vote to appoint [
1525 technical college president in a meeting that complies with Title 52, Chapter 4, Open and
1526 Public Meetings Act.
1527 (2) (a) [
1528 [
1529 (b) [
1530 doctorate degree, but shall have extensive experience in career and technical education.
1531 (c) [
1532 and evaluation administered by the board of trustees, in cooperation with the [
1533
1534 trustees.
1535 (d) [
1536 board of trustees, in cooperation with the [
1537 directors.
1538 (e) The board of trustees, in cooperation with [
1539 college board of directors, shall set the compensation for [
1540
1541 (3) [
1542 (a) serve as the executive officer of the [
1543 directors;
1544 (b) administer the day-to-day operations of the [
1545 (c) consult with the [
1546 (d) administer human resource policies and employee compensation plans in
1547 accordance with the requirements of the board of trustees.
1548 Section 32. Section 53B-2a-108 is amended to read:
1549 53B-2a-108. Technical college boards of directors -- Membership --
1550 Appointments.
1551 [
1552
1553 (1) The Bridgerland [
1554
1555 (a) one elected local school board member appointed by the board of education for the
1556 Box Elder School District;
1557 (b) one elected local school board member appointed by the board of education for the
1558 Cache School District;
1559 (c) one elected local school board member appointed by the board of education for the
1560 Logan School District;
1561 (d) one elected local school board member appointed by the board of education for the
1562 Rich School District;
1563 (e) one member of the Utah State University board of trustees; and
1564 (f) seven representatives of business or industry employers within the region appointed
1565 jointly by the members appointed under Subsections (1)(a) through (e)[
1566 (2) The Ogden-Weber [
1567 [
1568 (a) one elected local school board member appointed by the board of education for the
1569 Ogden City School District;
1570 (b) one elected local school board member appointed by the board of education for the
1571 Weber School District;
1572 (c) one member of the Weber State University board of trustees; and
1573 (d) seven representatives of business or industry employers within the region appointed
1574 jointly by the members appointed under Subsections (2)(a) through (c)[
1575 (3) The Davis [
1576 composed of the following 10 members:
1577 (a) one elected local school board member appointed by the board of education for the
1578 Davis School District;
1579 (b) one elected local school board member appointed by the board of education for the
1580 Morgan School District;
1581 (c) one member of the Weber State University board of trustees; and
1582 (d) seven representatives of business or industry employers within the region appointed
1583 jointly by the members appointed under Subsections (3)(a) through (c)[
1584 (4) The Tooele [
1585 is composed of the following 12 members:
1586 (a) one elected local school board member appointed by the board of education for the
1587 Tooele County School District;
1588 (b) one member of the Utah State University board of trustees; and
1589 (c) 10 representatives of business or industry employers within the region appointed
1590 jointly by the members appointed under Subsections (4)(a) and (b)[
1591 (5) The Mountainland [
1592 [
1593 (a) one elected local school board member appointed by the board of education for the
1594 Alpine School District;
1595 (b) one elected local school board member appointed by the board of education for the
1596 Nebo School District;
1597 (c) one elected local school board member appointed by the board of education for the
1598 Provo School District;
1599 (d) one elected local school board member appointed by the board of education for the
1600 South Summit School District;
1601 (e) one elected local school board member appointed by the board of education for the
1602 North Summit School District;
1603 (f) one elected local school board member appointed by the board of education for the
1604 Wasatch School District;
1605 (g) one elected local school board member appointed by the board of education for the
1606 Park City School District;
1607 (h) one member of the Utah Valley University board of trustees; and
1608 (i) 10 representatives of business or industry employers within the region appointed
1609 jointly by the members appointed under Subsections (5)(a) through (h)[
1610 (6) The Uintah Basin [
1611 [
1612 (a) one elected local school board member appointed by the board of education for the
1613 Daggett School District;
1614 (b) one elected local school board member appointed by the board of education for the
1615 Duchesne School District;
1616 (c) one elected local school board member appointed by the board of education for the
1617 Uintah School District;
1618 (d) one member of the Utah State University board of trustees; and
1619 (e) six representatives of business or industry employers within the region appointed
1620 jointly by the members appointed under Subsections (6)(a) through (d)[
1621 (7) The Southwest [
1622
1623 (a) one elected local school board member appointed by the board of education for the
1624 Beaver School District;
1625 (b) one elected local school board member appointed by the board of education for the
1626 Garfield School District;
1627 (c) one elected local school board member appointed by the board of education for the
1628 Iron School District;
1629 (d) one elected local school board member appointed by the board of education for the
1630 Kane School District;
1631 (e) one member of the Southern Utah University board of trustees; and
1632 (f) seven representatives of business or industry employers within the region appointed
1633 jointly by the members appointed under Subsections (7)(a) through (e)[
1634 (8) The Dixie [
1635 composed of the following 10 members:
1636 (a) one elected local school board member appointed by the board of education for the
1637 Washington School District;
1638 (b) one member of the Dixie State University board of trustees; and
1639 (c) eight representatives of business or industry employers within the region appointed
1640 jointly by the members appointed under Subsections (8)(a) and (b)[
1641 (9) The representatives of business or industry employers [
1642 college board of directors are:
1643 (a) appointed jointly by the designated members of a technical college board of
1644 directors from a list of names provided by local organizations or associations whose members
1645 employ workers with career and technical education;
1646 (b) individuals recognized for their knowledge and expertise;
1647 (c) individuals who represent current and emerging business and industry sectors of the
1648 state; and
1649 (d) appointed on a nonpartisan basis.
1650 Section 33. Section 53B-2a-109 is amended to read:
1651 53B-2a-109. Technical college boards of directors -- Terms -- Quorum -- Chair --
1652 Compensation.
1653 (1) (a) At the first meeting of [
1654 directors after July 1, 2009:
1655 (i) the representatives from the local school boards shall divide up their positions so
1656 that approximately half of them serve for two-year terms and half serve for four-year terms;
1657 and
1658 (ii) the representatives from business and industry employers shall divide up their
1659 positions so that approximately half of them serve for two-year terms and half serve for
1660 four-year terms.
1661 (b) Except as provided in Subsection (1)(a), individuals appointed to [
1662
1663 (2) The original appointing authority shall fill any vacancies that occur on [
1664
1665 (3) A majority of [
1666 quorum.
1667 (4) [
1668 from [
1669 (5) A member of [
1670 receive compensation or benefits for the [
1671 director's service, but may receive per diem and travel expenses in accordance with:
1672 (a) Section 63A-3-106;
1673 (b) Section 63A-3-107; and
1674 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1675 63A-3-107.
1676 (6) (a) [
1677 bylaws for the [
1678 government, including [
1679 the policies of the board of trustees.
1680 (b) (i) [
1681 an executive committee in the [
1682 bylaws.
1683 (ii) If established, an executive committee shall have the full authority of the [
1684
1685 between board of directors' meetings.
1686 (iii) An executive committee may act on nonroutine matters only under extraordinary
1687 and emergency circumstances.
1688 (iv) An executive committee shall report the executive committee's activities to the
1689 [
1690 college board of directors' next regular meeting following the [
1691 (7) [
1692 advisory committees.
1693 Section 34. Section 53B-2a-110 is amended to read:
1694 53B-2a-110. Technical college board of directors' powers and duties.
1695 (1) [
1696 (a) assist the [
1697 request for the [
1698 trustees;
1699 (b) after consulting with the board of trustees, other higher education institutions,
1700 school districts, and charter schools within the [
1701 prepare a comprehensive strategic plan for delivering career and technical education within the
1702 region;
1703 (c) consult with business, industry, the Department of Workforce Services, the
1704 Governor's Office of Economic Development, and the Governor's Office of Management and
1705 Budget on an ongoing basis to determine what workers and skills are needed for employment
1706 in Utah businesses and industries;
1707 (d) develop programs based upon the information gathered in accordance with
1708 Subsection (1)(c), including expedited program approval and termination procedures to meet
1709 market needs;
1710 (e) adopt an annual budget and fund balances;
1711 (f) develop policies for the operation of career and technical education facilities under
1712 the [
1713 (g) establish human resources and compensation policies for all employees in
1714 accordance with policies of the board of trustees;
1715 (h) approve credentials for employees and assign employees to duties in accordance
1716 with board of trustees policies and accreditation guidelines;
1717 (i) conduct annual program evaluations;
1718 (j) appoint program advisory committees and other advisory groups to provide counsel,
1719 support, and recommendations for updating and improving the effectiveness of training
1720 programs and services;
1721 (k) approve regulations, both regular and emergency, to be issued and executed by the
1722 [
1723 (l) coordinate with local school boards, school districts, and charter schools to meet the
1724 career and technical education needs of secondary students; and
1725 (m) develop policies and procedures for the admission, classification, instruction, and
1726 examination of students in accordance with the policies and accreditation guidelines of the
1727 board of trustees and the State Board of Education.
1728 (2) A policy described in Subsection (1)(g) does not apply to [
1729 compensation for a technical college president.
1730 (3) [
1731 jurisdiction over career and technical education provided by a school district or charter school
1732 or provided by a higher education institution independently of [
1733 technical college.
1734 (4) If a program advisory committee or other advisory group submits a printed
1735 recommendation to [
1736
1737 printed response that explains the [
1738 action regarding the recommendation and the reasons for the action.
1739 Section 35. Section 53B-2a-111 is amended to read:
1740 53B-2a-111. Board of Trustees -- Consultation with State Board of Regents.
1741 The [
1742 consult with the State Board of Regents to coordinate the delivery of career and technical
1743 education.
1744 Section 36. Section 53B-2a-112 is amended to read:
1745 53B-2a-112. Technical colleges -- Relationships with other public and higher
1746 education institutions -- Agreements -- Priorities -- New capital facilities.
1747 (1) As used in this section, "higher education institution" means, for each [
1748
1749 53B-2a-108 that has a representative on the [
1750 directors.
1751 (2) [
1752 duplication of career and technical education instructional facilities, programs, administration,
1753 and staff between the [
1754 education institutions.
1755 (3) [
1756 (a) with other higher education institutions to cultivate cooperative relationships;
1757 (b) with other public and higher education institutions to enhance career and technical
1758 education within its region; or
1759 (c) to comply with Subsection (2).
1760 (4) Before [
1761 facilities, the [
1762 (a) maintaining the [
1763 facilities for both secondary and adult students;
1764 (b) coordinating with the president of a higher education institution and entering into
1765 any necessary agreements to provide career and technical education to both secondary and adult
1766 students that:
1767 (i) maintain and support existing higher education career and technical education
1768 programs; and
1769 (ii) maximize the use of existing higher education facilities; and
1770 (c) developing cooperative agreements with school districts, charter schools, other
1771 higher education institutions, businesses, industries, and community and private agencies to
1772 maximize the availability of career and technical education instructional facilities for both
1773 secondary and adult students.
1774 (5) (a) Before submitting a funding request pertaining to new capital facilities and land
1775 purchases to the board of trustees, [
1776 (i) ensure that all available instructional facilities are maximized in accordance with
1777 Subsections (4)(a) through (c); and
1778 (ii) coordinate the request with the president of a higher education institution, if
1779 applicable.
1780 (b) The State Building Board shall make a finding that the requirements of this section
1781 are met before the State Building Board may consider a funding request from the board of
1782 trustees pertaining to new capital facilities and land purchases.
1783 (c) [
1784 construction of, plan for the design or construction of, or consent to the construction of a career
1785 and technical education facility without approval of the Legislature.
1786 (6) Before acquiring new fiscal and administrative support structures, [
1787
1788 (a) review the use of existing public or higher education administrative and accounting
1789 systems, financial record systems, and student and financial aid systems for the delivery of
1790 career and technical education in the region;
1791 (b) determine whether it is feasible to use those existing systems; and
1792 (c) with the approval of the [
1793 and the board of trustees, use those existing systems.
1794 Section 37. Section 53B-2a-113 is amended to read:
1795 53B-2a-113. Technical colleges -- Leasing authority -- Lease-purchase agreements
1796 -- Report.
1797 (1) In accordance with Subsection 53B-2a-112(2), [
1798 college may enter into a lease with other higher education institutions, school districts, charter
1799 schools, state agencies, or business and industry for a term of:
1800 (a) one year or less with the approval of the [
1801 board of directors; [
1802 (b) more than one year with the approval of the board of trustees and:
1803 (i) the approval of funding for the lease by the Legislature prior to [
1804
1805 (ii) the lease agreement includes language that allows termination of the lease without
1806 penalty.
1807 (2) (a) In accordance with Subsection 53B-2a-112(2), [
1808 technical college may enter into a lease-purchase agreement if:
1809 (i) there is a long-term benefit to the state;
1810 (ii) the project is included in both the [
1811 [
1812 (iii) the lease-purchase agreement includes language that allows termination of the
1813 lease;
1814 (iv) the lease-purchase agreement is approved by the [
1815 college board of directors and the board of trustees; and
1816 (v) the lease-purchase agreement is:
1817 (A) reviewed by the Division of Facilities Construction and Management;
1818 (B) reviewed by the State Building Board; and
1819 (C) approved by the Legislature.
1820 (b) An approval under Subsection (2)(a) shall include a recognition of:
1821 (i) all parties, dates, and elements of the agreement;
1822 (ii) the equity or collateral component that creates the benefit; and
1823 (iii) the options dealing with the sale and division of equity.
1824 (3) (a) Each [
1825 to the board of trustees that details each of the [
1826 annual costs, location, square footage, and recommendations for lease continuation.
1827 (b) The board of trustees shall compile and distribute an annual combined lease report
1828 for all [
1829 Management and to others upon request.
1830 (4) The board of trustees shall use the annual combined lease report in determining
1831 planning, utilization, and budget requests.
1832 Section 38. Section 53B-2a-114 is amended to read:
1833 53B-2a-114. Educational program on the use of information technology.
1834 (1) The Utah [
1835 offer an educational program on the use of information technology as provided in this section.
1836 (2) An educational program on the use of information technology shall:
1837 (a) provide instruction on skills and competencies essential for the workplace and
1838 requested by employers;
1839 (b) include the following components:
1840 (i) a curriculum;
1841 (ii) online access to the curriculum;
1842 (iii) instructional software for classroom and student use;
1843 (iv) certification of skills and competencies most frequently requested by employers;
1844 (v) professional development for faculty; and
1845 (vi) deployment and program support, including integration with existing curriculum
1846 standards; and
1847 (c) be made available to students, faculty, and staff of [
1848
1849 Section 39. Section 53B-2a-115 is enacted to read:
1850 53B-2a-115. Utah System of Technical Colleges -- Institutional name changes.
1851 (1) Beginning July 1, 2017:
1852 (a) the Utah College of Applied Technology shall be known as the Utah System of
1853 Technical Colleges;
1854 (b) Bridgerland Applied Technology College shall be known as Bridgerland Technical
1855 College;
1856 (c) Ogden-Weber Applied Technology College shall be known as Ogden-Weber
1857 Technical College;
1858 (d) Davis Applied Technology College shall be known as Davis Technical College;
1859 (e) Tooele Applied Technology College shall be known as Tooele Technical College;
1860 (f) Mountainland Applied Technology College shall be known as Mountainland
1861 Technical College;
1862 (g) Uintah Basin Applied Technology College shall be known as Uintah Basin
1863 Technical College;
1864 (h) Southwest Applied Technology College shall be known as Southwest Technical
1865 College; and
1866 (i) Dixie Applied Technology College shall be known as Dixie Technical College.
1867 (2) (a) As described in Subsection (1), the Utah System of Technical Colleges is a
1868 continuation of the Utah College of Applied Technology and each technical college is a
1869 continuation of the applied technology college that preceded the technical college.
1870 (b) An institution described in Subsection (1):
1871 (i) possess all rights, title, privileges, powers, immunities, franchises, endowments,
1872 property, and claims of the institution that preceded the institution; and
1873 (ii) shall fulfill and perform all obligations of the institution that proceeded the
1874 institution, including obligations relating to outstanding bonds and notes.
1875 Section 40. Section 53B-3-102 is amended to read:
1876 53B-3-102. State institution of higher education defined.
1877 (1) As used in this chapter, "state institution of higher education" means [
1878
1879
1880
1881
1882 [
1883 (2) A state institution of higher education includes:
1884 (a) a branch or affiliated institution [
1885 (b) a campus or facilities owned, operated, or controlled by the governing board of the
1886 [
1887 Section 41. Section 53B-6-106 is amended to read:
1888 53B-6-106. Jobs Now and Economic Development Initiatives.
1889 (1) (a) The Utah [
1890 of Trustees shall develop, establish, and maintain a Jobs Now Initiative, to promote workforce
1891 preparation programs that meet critical needs and shortages throughout the state.
1892 (b) The State Board of Regents shall develop, establish, and maintain economic
1893 development initiatives within the system of higher education.
1894 (2) The initiatives specified in Subsection (1) shall provide support for technical
1895 training expansion that trains skilled potential employees within a period not to exceed 12
1896 months for technical jobs in critical needs occupations and other innovative economic
1897 development policy initiatives.
1898 (3) (a) Subject to future budget constraints, the Legislature shall provide an annual
1899 appropriation to the Utah [
1900 fund the Jobs Now Initiative established in Subsection (1)(a).
1901 (b) (i) The Utah [
1902 of Trustees shall allocate the appropriation for the Jobs Now Initiative to [
1903
1904 (ii) [
1905 Subsection (3)(b)(i) for technical training expansion referred to in Subsection (2).
1906 (c) Subject to future budget constraints, the Legislature shall provide an annual
1907 appropriation to the State Board of Regents to fund economic development initiatives
1908 established pursuant Subsection (1)(b).
1909 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
1910 (i) the Utah [
1911 Trustees shall make rules to implement the Jobs Now Initiative; and
1912 (ii) the board shall make rules to implement economic development initiatives.
1913 Section 42. Section 53B-7-101 is amended to read:
1914 53B-7-101. Combined requests for appropriations -- Board review of operating
1915 budgets -- Submission of budgets -- Recommendations -- Hearing request --
1916 Appropriation formulas -- Allocations -- Dedicated credits -- Financial affairs.
1917 (1) As used in this section:
1918 (a) (i) "Higher education institution" or "institution" means an institution of higher
1919 education listed in Section 53B-1-102.
1920 (ii) "Higher education institution" or "institution" does not include:
1921 (A) the Utah [
1922 Trustees; or
1923 (B) a technical college.
1924 (b) "Research university" means the University of Utah or Utah State University.
1925 (2) (a) The board shall recommend a combined appropriation for the operating budgets
1926 of higher education institutions for inclusion in a state appropriations act.
1927 (b) The board's combined budget recommendation shall include:
1928 (i) employee compensation;
1929 (ii) mandatory costs, including building operations and maintenance, fuel, and power;
1930 [
1931 [
1932 [
1933 and technology infrastructure; and
1934 [
1935 (c) The board's recommendations shall be available for presentation to the governor
1936 and to the Legislature at least 30 days [
1937 shall include schedules showing the recommended amounts for each institution, including
1938 separately funded programs or divisions.
1939 (d) The recommended appropriations shall be determined by the board only after it has
1940 reviewed the proposed institutional operating budgets, and has consulted with the various
1941 institutions and board staff in order to make appropriate adjustments.
1942 [
1943 [
1944 [
1945 [
1946 [
1947 [
1948 [
1949
1950 [
1951
1952
1953 [
1954 (b) Performance funding shall include metrics approved by the board, including:
1955 (i) degrees and certificates granted;
1956 (ii) services provided to traditionally underserved populations;
1957 (iii) responsiveness to workforce needs;
1958 (iv) institutional efficiency; and
1959 (v) for a research university, graduate research metrics.
1960 (c) The board shall:
1961 (i) award performance funding appropriated by the Legislature to institutions based on
1962 the institution's success in meeting the metrics described in Subsection [
1963 (ii) reallocate funding that is not awarded to an institution under Subsection [
1964 (3)(c)(i) for distribution to other institutions that meet the metrics described in Subsection [
1965 (3)(b).
1966 [
1967 days [
1968 established by the board.
1969 (b) Funding requests pertaining to capital facilities and land purchases shall be
1970 submitted in accordance with procedures prescribed by the State Building Board.
1971 [
1972 explanations and supporting data.
1973 (b) The appropriations recommended by the board shall be made with the dual
1974 objective of:
1975 (i) justifying for higher educational institutions appropriations consistent with their
1976 needs, and consistent with the financial ability of the state; and
1977 (ii) determining an equitable distribution of funds among the respective institutions in
1978 accordance with the aims and objectives of the statewide master plan for higher education.
1979 [
1980 appropriations.
1981 (b) After the governor delivers his budget message to the Legislature, the board shall
1982 request hearings on the recommended appropriations with the appropriate committees of the
1983 Legislature.
1984 (c) If either the total amount of the state appropriations or its allocation among the
1985 institutions as proposed by the Legislature or [
1986 different from the recommendations of the board, the board may request further hearings with
1987 the Legislature or [
1988 amount and the allocation.
1989 [
1990 [
1991 making appropriation recommendations.
1992 [
1993 minimum tuitions, resident and nonresident, for each institution which it considers necessary to
1994 implement the budget recommendations.
1995 (b) The board may fix the tuition, fees, and charges for each institution at levels [
1996 board finds necessary to meet budget requirements.
1997 [
1998 budgeted in accordance with institutional work programs approved by the board, provided that
1999 the expenditures funded by appropriations for each institution are kept within the
2000 appropriations for the applicable period.
2001 (b) [
2002 initiatives for the president's institution [
2003
2004 [
2005 [
2006 [
2007 federal grants, and proceeds from sales received by the institutions of higher education are
2008 appropriated to the respective institutions of higher education and used in accordance with
2009 institutional work programs.
2010 [
2011 purchasing, issue [
2012 financial affairs under the general supervision of the board.
2013 [
2014 [
2015 items described in Subsection (2)(b).
2016 (b) During each general session of the Legislature following a fiscal year in which the
2017 Legislature provides an appropriation for [
2018 board and institutions of higher education shall report to the Legislature's Higher Education
2019 Appropriations Subcommittee on the use of the previous year's [
2020 performance funding[
2021
2022 Section 43. Section 53B-8-101 is amended to read:
2023 53B-8-101. Waiver of tuition.
2024 (1) (a) The president of [
2025 in Section 53B-2-101 may waive all or part of the tuition in behalf of meritorious or
2026 impecunious resident students to an amount not exceeding 10% of the total amount of tuition
2027 which, in the absence of the waivers, would have been collected from all Utah resident students
2028 at the institution of higher education.
2029 (b) Two and a half percent of the waivers designated in Subsection (1)(a) shall be set
2030 aside for members of the Utah National Guard. Waivers shall be preserved by the student at
2031 least 60 days before the beginning of an academic term.
2032 (2) (a) A president of an institution of higher education listed in Subsections
2033 53B-2-101(1)(a) through (h) may waive all or part of the nonresident portion of tuition for a
2034 meritorious nonresident undergraduate student.
2035 (b) In determining which students are meritorious for purposes of granting a tuition
2036 waiver under Subsection (2)(a), a president shall consider students who are performing above
2037 the average at the institution of higher education, including having an admissions index higher
2038 than the average for the institution, if an admissions index is used.
2039 (c) A president may continue to waive the nonresident portion of tuition for a student
2040 described in Subsection (2)(a) for as long as the student is enrolled at the institution of higher
2041 education.
2042 (d) In addition to waiving the nonresident portion of tuition for a meritorious
2043 nonresident student under Subsection (2)(a), a president may waive the resident portion of
2044 tuition after the meritorious nonresident student completes a year of full-time study at the
2045 institution of higher education.
2046 (3) [
2047
2048 to the state for which trained personnel are in short supply[
2049 higher education shall grant additional full or partial tuition waivers upon recommendation of:
2050 (a) the board, for an institution of higher education described in Subsection (1)(a); or
2051 (b) the Utah System of Technical Colleges Board of Trustees, for a technical college.
2052 (4) A president may waive all or part of the difference between resident and
2053 nonresident tuition in the case of:
2054 (a) meritorious graduate students; or
2055 (b) nonresident summer school students.
2056 (5) (a) The board shall submit an annual budget appropriation [
2057 each institution[
2058 (h).
2059 (b) The Utah System of Technical Colleges Board of Trustees shall submit an annual
2060 budget appropriation request for each technical college.
2061 (c) A request described in Subsection (5)(a) or (b) shall include requests for funds
2062 sufficient in amount to equal the estimated loss of dedicated credits that would be realized if all
2063 of the tuition waivers authorized by Subsection (2) were granted.
2064 Section 44. Section 53B-8d-102 is amended to read:
2065 53B-8d-102. Definitions.
2066 As used in this chapter:
2067 (1) "Division" means the Division of Child and Family Services.
2068 (2) "Long-term foster care" means an individual who remains in the custody of the
2069 division, whether or not the individual resides:
2070 (a) with licensed foster parents; or
2071 (b) in independent living arrangements under the supervision of the division.
2072 (3) "State institution of higher education" means:
2073 (a) an institution designated in Section 53B-1-102; [
2074 (b) a public institution that offers postsecondary education in consideration of the
2075 payment of tuition or fees for the attainment of educational or vocational objectives leading to
2076 a degree or certificate, including:
2077 (i) a business school;
2078 (ii) a technical school;
2079 [
2080 [
2081 [
2082 (4) "Tuition" means tuition at the rate for residents of the state.
2083 (5) "Ward of the state" means an individual:
2084 (a) who is:
2085 (i) at least 17 years of age; and
2086 (ii) not older than 26 years of age;
2087 (b) who had a permanency goal in the individual's child and family plan, as described
2088 in Sections 62A-4a-205 and 78A-6-314, of long-term foster care while in the custody of the
2089 division; and
2090 (c) for whom the custody of the division was not terminated as a result of adoption.
2091 Section 45. Section 53B-16-101 is amended to read:
2092 53B-16-101. Establishment of institutional roles and general courses of study.
2093 (1) Except as institutional roles are specifically assigned by the Legislature, the board:
2094 (a) may establish and define the roles of the various institutions of higher education
2095 under [
2096 (b) shall, within each institution of higher education's primary role, prescribe the
2097 general course of study to be offered at [
2098 for:
2099 (i) research universities, which provide undergraduate, graduate, and research programs
2100 and include:
2101 (A) the University of Utah; and
2102 (B) Utah State University;
2103 (ii) regional universities, which provide career and technical education, undergraduate
2104 associate and baccalaureate programs and select master's degree programs to fill regional
2105 demands and include:
2106 (A) Weber State University;
2107 (B) Southern Utah University;
2108 (C) Dixie State University; and
2109 (D) Utah Valley University; and
2110 (iii) comprehensive community colleges, which provide associate programs and
2111 include:
2112 (A) Salt Lake Community College; and
2113 (B) Snow College.
2114 (2) Except for the University of Utah, each institution of higher education described in
2115 Subsection (1)(b) has career and technical education included in the institution of higher
2116 education's primary role.
2117 [
2118
2119 Section 46. Section 53B-16-102 is amended to read:
2120 53B-16-102. Changes in curriculum -- Substantial alterations in institutional
2121 operations -- Periodic review of programs -- Career and technical education curriculum
2122 changes.
2123 (1) As used in this section, "institution of higher education" means the same as that
2124 term is defined in Section 53B-7-101.
2125 [
2126 consultation with each institution of higher education, each institution of higher education may
2127 make such changes in [
2128 effectuate the [
2129 education's primary role.
2130 [
2131 to the board.
2132 (4) (a) Without the approval of the board, an institution of higher education may not:
2133 (i) establish a branch, extension center, college, or professional school; or
2134 (ii) outside of the institution of higher education's primary role described in Section
2135 53B-16-101, establish a new program of instruction or research, a new public service, or a new
2136 degree, diploma, or certificate.
2137 (b) An institution of higher education may, with the approval of the institution of
2138 higher education's board of trustees, establish a new program of instruction or research, a new
2139 public service, or a new degree, diploma, or certificate that is within the institution of higher
2140 education's primary role described in Section 53B-16-101.
2141 [
2142
2143 for institutional boards of trustees to consider an institutional proposal for a change described
2144 in Subsection (4)(b).
2145 [
2146 [
2147
2148
2149 (6) The board [
2150 research, and public service at each institution of higher education, including those funded by
2151 gifts, grants, and contracts, and may [
2152 [
2153 (7) [
2154 program, the board shall give the institution of higher education adequate opportunity for a
2155 hearing before the board.
2156 (8) In making decisions related to career and technical education curriculum changes,
2157 the board shall [
2158 institutions a review of the proposed changes by the State Board of Education and the Utah
2159 [
2160 orderly and systematic career and technical education curriculum that eliminates overlap and
2161 duplication of course work with [
2162
2163 Section 47. Section 53B-16-103 is amended to read:
2164 53B-16-103. Granting of degrees, diplomas, or certification -- Board approval --
2165 Termination of previous approval.
2166 (1) (a) An institution of higher education may not issue a degree, diploma, or certificate
2167 outside of the institution of higher education's primary role, as described in Section
2168 53B-16-101, unless [
2169 board of the adequacy of the study for which the degree, diploma, or certificate is offered.
2170 (b) A student shall demonstrate a reasonable understanding of the history, principles,
2171 form of government, and economic system of the United States [
2172 bachelor's degree or teaching credential.
2173 (2) Degrees, diplomas, and certificates issued prior to the effective date of this chapter
2174 do not require board approval.
2175 (3) The board may terminate the granting of previously approved degrees, diplomas,
2176 and certificates if they are inconsistent with the primary role prescribed by the board for the
2177 affected institution of higher education.
2178 Section 48. Section 53B-16-107 is amended to read:
2179 53B-16-107. Credit for military service and training -- Notification --
2180 Transferability -- Reporting.
2181 (1) As used in this section, "credit" includes proof of equivalent noncredit course
2182 completion awarded by [
2183 (2) An institution of higher education listed in Section 53B-2-101 shall provide written
2184 notification to each student applying for admission that the student is required to meet with a
2185 college counselor in order to receive credit for military service and training as recommended by
2186 a postsecondary accreditation agency or association designated by the [
2187 board or the Utah [
2188 Trustees if:
2189 (a) credit for military service and training is requested by the student; and
2190 (b) the student has met with an advisor at an institution of higher education listed in
2191 Section 53B-2-101 at which the student intends to enroll to discuss applicability of credit to
2192 program requirements, possible financial aid implications, and other factors that may impact
2193 attainment of the student's educational goals.
2194 (3) Upon transfer within the state system of higher education, a student may present a
2195 transcript to the receiving institution of higher education for evaluation and to determine the
2196 applicability of credit to the student's program of study, and the receiving institution of higher
2197 education shall evaluate the credit to be transferred pursuant to Subsection (2).
2198 (4) The [
2199 System of Technical Colleges Board of Trustees shall annually report the number of credits
2200 awarded under this section by each institution of higher education to the Utah Department of
2201 Veterans' Affairs.
2202 Section 49. Section 53B-16-201 is amended to read:
2203 53B-16-201. Degrees and certificates that may be conferred.
2204 (1) Utah State University, Snow College, and Salt Lake Community College may
2205 confer certificates of completion and degrees [
2206 within each institution's primary role, as described in Section 53B-16-101.
2207 (2) The board shall develop evaluative criteria as a means of carefully monitoring the
2208 impact of degree programs on the vocational mission of the [
2209 education described in Subsection (1).
2210 Section 50. Section 53B-16-210 is amended to read:
2211 53B-16-210. Salt Lake Community College -- School of Applied Technology
2212 Board of Directors -- Membership -- Duties.
2213 (1) Salt Lake Community College's School of Applied Technology shall have a board
2214 of directors composed of the following 14 members:
2215 (a) one elected local school board member appointed by the board of education for the
2216 Salt Lake City School District;
2217 (b) one elected local school board member appointed by the board of education for the
2218 Granite School District;
2219 (c) one elected local school board member appointed by the board of education for the
2220 Canyons School District;
2221 (d) one elected local school board member appointed by the board of education for the
2222 Jordan School District;
2223 (e) one elected local school board member appointed by the board of education for the
2224 Murray School District;
2225 (f) one member of the Salt Lake Community College board of trustees, appointed by
2226 the chair of the board of trustees;
2227 (g) one representative of groups who advocate for or provide services to populations of
2228 disadvantaged students, appointed by the president of Salt Lake Community College, in
2229 consultation with the School of Applied Technology's Board of Directors; and
2230 (h) seven representatives of business or industry employers within the region,
2231 appointed by the president of Salt Lake Community College, in consultation with the School of
2232 Applied Technology's Board of Directors, from names provided by business and industry
2233 associations representing sectors that employ workers with career and technical education.
2234 (2) The School of Applied Technology's Board of Directors shall:
2235 (a) consult on an ongoing basis with:
2236 (i) Salt Lake Community College;
2237 (ii) school districts and charter schools within its region;
2238 (iii) business and industry;
2239 (iv) craft, trade, and apprenticeship programs;
2240 (v) the Department of Workforce Services;
2241 (vi) the Governor's Office of Economic Development; and
2242 (vii) the Governor's Office of Management and Budget;
2243 (b) prepare a comprehensive strategic plan for delivering career and technical
2244 education within Salt Lake County;
2245 (c) make recommendations regarding what skills are needed for employment in
2246 businesses and industries;
2247 (d) recommend the development of programs based upon the information gathered in
2248 accordance with Subsection (2)(a), including expedited program approval and termination
2249 procedures to meet market needs;
2250 (e) conduct annual program evaluations;
2251 (f) jointly appoint School of Applied Technology program advisory committees and
2252 other School of Applied Technology program advisory groups with the dean of the School of
2253 Applied Technology to provide counsel, support, and recommendations for updating and
2254 improving the effectiveness of noncredit career and technical education programs and services;
2255 (g) coordinate with local school boards, school districts, and charter schools to protect
2256 and enhance the noncredit career and technical education needs of secondary students;
2257 (h) adopt an annual budget and fund balances for the School of Applied Technology;
2258 (i) develop policies and procedures for the operation of the School of Applied
2259 Technology facilities under its jurisdiction;
2260 (j) recommend credentials for employees and the assignment of employees to duties in
2261 accordance with:
2262 (i) State Board of Regents and Salt Lake Community College policies;
2263 (ii) the Council on Occupational Education accreditation guidelines; and
2264 (iii) the Northwest Commission on Colleges and Universities accreditation guidelines;
2265 (k) develop policies and procedures for the admission, classification, instruction, and
2266 examination of students in accordance with the policies and accreditation guidelines of the
2267 Council on Occupational Education, the Northwest Commission on Colleges and Universities,
2268 the State Board of Regents, Salt Lake Community College Board of Trustees, and the State
2269 Board of Education; and
2270 (l) communicate regularly with the president of Salt Lake Community College
2271 regarding career and technical education issues.
2272 (3) If a program advisory committee or other advisory group submits a written
2273 recommendation to the School of Applied Technology's Board of Directors, the board of
2274 directors shall acknowledge the recommendation with a printed response that explains the
2275 board of directors' action regarding the recommendation and the reasons for the action.
2276 (4) (a) If the School of Applied Technology Board of Directors has specific
2277 recommendations to the Salt Lake Community College president, the recommendations shall
2278 be in a written form.
2279 (b) Recommendations described under Subsection (4)(a) may include:
2280 (i) additions, deletions, or expansions of noncredit career and technical education
2281 programs at Salt Lake Community College;
2282 (ii) updates and improvements in the effectiveness of School of Applied Technology
2283 noncredit career and technical education programs and services, including expedited program
2284 approval and termination of procedures, consistent with State Board of Regents policy;
2285 (iii) responsibilities described under Subsection (2); and
2286 (iv) other recommendations relating to the noncredit career and technical education
2287 mission of Salt Lake Community College.
2288 (c) If the president of Salt Lake Community College rejects a specific recommendation
2289 of the board of directors, the president shall:
2290 (i) notify the board of directors in writing within 10 working days of the rejection and
2291 the reasons for the rejection; and
2292 (ii) provide the board of directors an opportunity to modify [
2293 specific recommendation and resubmit [
2294 (5) The president of Salt Lake Community College and the chair of the School of
2295 Applied Technology's Board of Directors shall annually meet with the Utah [
2296
2297 (a) the information described in Subsection 53B-16-209(4)(g); and
2298 (b) a report on the implementation of specific recommendations described in
2299 Subsection (4).
2300 (6) The Salt Lake Community College School of Applied Technology shall provide
2301 staff support for the School of Applied Technology's Board of Directors.
2302 Section 51. Section 53B-16-401 is amended to read:
2303 53B-16-401. Definitions.
2304 As used in this part:
2305 (1) "Cooperating employer" means a public or private entity which, as part of a work
2306 experience and career exploration program offered through an institution of higher education,
2307 provides interns with training and work experience in activities related to the entity's ongoing
2308 business activities.
2309 (2) "Institution of higher education" means any component of the state system of higher
2310 education as defined under Section 53B-1-102 [
2311
2312 programs, and any private institution of higher education which offers internship programs
2313 under this part.
2314 (3) "Intern" means a student enrolled in a work experience and career exploration
2315 program under Section 53B-16-402 [
2316 education, involving both classroom instruction and work experience with a cooperating
2317 employer, for which the student receives no compensation.
2318 (4) "Internship" means the work experience segment of an intern's work experience and
2319 career exploration program sponsored by an institution of higher education, performed under
2320 the direct supervision of a cooperating employer.
2321 Section 52. Section 53B-17-105 is amended to read:
2322 53B-17-105. Utah Education and Telehealth Network.
2323 (1) There is created the Utah Education and Telehealth Network, or UETN.
2324 (2) UETN shall:
2325 (a) coordinate and support the telecommunications needs of public and higher
2326 education, public libraries, and entities affiliated with the state systems of public and higher
2327 education as approved by the Utah Education and Telehealth Network Board, including the
2328 statewide development and implementation of a network for education, which utilizes satellite,
2329 microwave, fiber-optic, broadcast, and other transmission media;
2330 (b) coordinate the various telecommunications technology initiatives of public and
2331 higher education;
2332 (c) provide high-quality, cost-effective Internet access and appropriate interface
2333 equipment for schools and school systems;
2334 (d) procure, install, and maintain telecommunication services and equipment on behalf
2335 of public and higher education;
2336 (e) develop or implement other programs or services for the delivery of distance
2337 learning and telehealth services as directed by law;
2338 (f) apply for state and federal funding on behalf of:
2339 (i) public and higher education; and
2340 (ii) telehealth services;
2341 (g) in consultation with health care providers from a variety of health care systems,
2342 explore and encourage the development of telehealth services as a means of reducing health
2343 care costs and increasing health care quality and access, with emphasis on assisting rural health
2344 care providers and special populations; and
2345 (h) in consultation with the Utah Department of Health, advise the governor and the
2346 Legislature on:
2347 (i) the role of telehealth in the state;
2348 (ii) the policy issues related to telehealth;
2349 (iii) the changing telehealth needs and resources in the state; and
2350 (iv) state budgetary matters related to telehealth.
2351 (3) In performing the duties under Subsection (2), UETN shall:
2352 (a) provide services to schools, school districts, and the public and higher education
2353 systems through an open and competitive bidding process;
2354 (b) work with the private sector to deliver high-quality, cost-effective services;
2355 (c) avoid duplicating facilities, equipment, or services of private providers or public
2356 telecommunications service, as defined under Section 54-8b-2;
2357 (d) utilize statewide economic development criteria in the design and implementation
2358 of the educational telecommunications infrastructure; and
2359 (e) assure that public service entities, such as educators, public service providers, and
2360 public broadcasters, are provided access to the telecommunications infrastructure developed in
2361 the state.
2362 (4) The University of Utah shall provide administrative support for UETN.
2363 (5) (a) The Utah Education and Telehealth Network Board, which is the governing
2364 board for UETN, is created.
2365 (b) The Utah Education and Telehealth Network Board shall have 13 members as
2366 follows:
2367 (i) four members representing the state system of higher education appointed by the
2368 commissioner of higher education;
2369 (ii) four members representing the state system of public education appointed by the
2370 State Board of Education;
2371 (iii) one member representing [
2372 Utah [
2373 technical education;
2374 (iv) one member representing the state library appointed by the state librarian;
2375 (v) two members representing hospitals as follows:
2376 (A) the members may not be employed by the same hospital system;
2377 (B) one member shall represent a rural hospital;
2378 (C) one member shall represent an urban hospital; and
2379 (D) the chief administrator or the administrator's designee for each hospital licensed in
2380 this state shall select the two hospital representatives; and
2381 (vi) one member representing the office of the governor, appointed by the governor.
2382 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
2383 appointed for the unexpired term.
2384 (d) (i) The board shall elect a chair.
2385 (ii) The chair shall set the agenda for the board meetings.
2386 (6) A member of the board may not receive compensation or benefits for the member's
2387 service, but may receive per diem and travel expenses in accordance with:
2388 (a) Section 63A-3-106;
2389 (b) Section 63A-3-107; and
2390 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2391 63A-3-107.
2392 (7) The board:
2393 (a) shall hire an executive director for UETN who may hire staff for UETN as
2394 permitted by the budget;
2395 (b) may terminate the executive director's employment or assignment;
2396 (c) shall determine the executive director's salary;
2397 (d) shall annually conduct a performance evaluation of the executive director;
2398 (e) shall establish policies the board determines are necessary for the operation of
2399 UETN and the administration of UETN's duties; and
2400 (f) shall advise UETN in:
2401 (i) the development and operation of a coordinated, statewide, multi-option
2402 telecommunications system to assist in the delivery of educational services and telehealth
2403 services throughout the state; and
2404 (ii) acquiring, producing, and distributing instructional content.
2405 (8) The executive director of UETN shall be an at-will employee.
2406 (9) UETN shall locate and maintain educational and telehealth telecommunication
2407 infrastructure throughout the state.
2408 (10) Educational institutions shall manage site operations under policy established by
2409 UETN.
2410 (11) Subject to future budget constraints, the Legislature shall provide an annual
2411 appropriation to operate UETN.
2412 (12) If the network operated by the Department of Technology Services is not
2413 available, UETN may provide network connections to the central administration of counties
2414 and municipalities for the sole purpose of transferring data to a secure facility for backup and
2415 disaster recovery.
2416 Section 53. Section 53B-21-101 is amended to read:
2417 53B-21-101. Financing of projects or buildings -- Issuance of bonds -- Sale price
2418 determined by board -- Payment of bonds -- Bonds exempt from income taxation.
2419 (1) In order to pay all or part of the cost of the acquisition, purchase, construction,
2420 improvement, remodeling, addition to, extension, equipment, and furnishing of any project or
2421 building, including the acquisition of all necessary land, the board, on behalf of the institution
2422 for which this is to be done, may do the following: (a) borrow money on the credit of the
2423 income and revenues to be derived from the operation of the building, the imposition of student
2424 building fees, land grant interest, and net profits from proprietary activities, or from sources
2425 other than by appropriations by the Legislature to issuing institutions and, in anticipation of the
2426 collection of this income and revenues, issue negotiable bonds of the institution in an amount
2427 as the board determines is necessary for these purposes; and (b) provide for the payment of
2428 these bonds and the rights of their holders as provided in this chapter.
2429 (2) Bonds may: (a) be issued in one or more series; (b) bear any date or dates; (c)
2430 mature at any time or times not exceeding 40 years from their date; (d) be in any
2431 denominations; (e) be in any form, either coupon or registered; (f) carry registration and
2432 conversion privileges; (g) be executed in any manner; (h) be payable in any medium of
2433 payment at any place; (i) be subject to any terms of redemption with or without premium; and
2434 (j) bear interest at any rate or rates as provided by resolution adopted by the board at or [
2435
2436 (3) The bonds may be sold in a manner, at the lowest obtainable rate or rates of
2437 interest, and at a price or prices as determined by the board. These determinations are
2438 conclusive.
2439 (4) The board may authorize one issue of bonds for the acquisition, purchase,
2440 construction, improvement, remodeling, adding to, extending, furnishing, or equipping of more
2441 than one building, including the acquisition of all necessary land, and may make the bonds
2442 payable from the combined revenues of all the buildings as well as from student building fees,
2443 land grant interest, net profits from proprietary activities, and from sources other than those
2444 derived from appropriations from the Legislature.
2445 (5) The bonds issued under this chapter have all of the qualities and incidents of
2446 negotiable paper and are not subject to state or local income taxation.
2447 (6) This section does not apply to a technical college.
2448 Section 54. Section 53B-26-102 is amended to read:
2449 53B-26-102. Definitions.
2450 As used in this chapter:
2451 [
2452 [
2453 [
2454
2455 [
2456 [
2457 [
2458 [
2459 [
2460 (a) between at least two of the following:
2461 (i) a [
2462 (ii) a school district or charter school; or
2463 (iii) an institution of higher education; and
2464 (b) that provides educational services within the same CTE region.
2465 [
2466 the military, or a union.
2467 [
2468 (a) a group of at least five employers that represent the strategic industry cluster that a
2469 proposal submitted under Section 53B-26-103 is responsive to; and
2470 (b) a representative of the Governor's Office of Economic Development, appointed by
2471 the executive director of the Governor's Office of Economic Development.
2472 [
2473 University, Southern Utah University, Weber State University, Snow College, Dixie State
2474 University, Utah Valley University, [
2475 [
2476 (a) an individual can build upon to access an advanced job or higher wage;
2477 (b) is part of a career pathway system;
2478 (c) provides a pathway culminating in the equivalent of an associate's or bachelor's
2479 degree;
2480 (d) facilitates multiple exit and entry points; and
2481 (e) recognizes sub-goals or momentum points.
2482 (8) "Technical college" means:
2483 (a) a college described in Section 53B-2a-105;
2484 (b) the School of Applied Technology at Salt Lake Community College established
2485 under Section 53B-16-209;
2486 (c) Utah State University Eastern established under Section 53B-18-1201; or
2487 (d) the Snow College Richfield campus established under Section 53B-16-205.
2488 Section 55. Section 53B-26-103 is amended to read:
2489 53B-26-103. GOED reporting requirement -- Proposals -- Funding.
2490 (1) The Governor's Office of Economic Development shall publish, on a biannual
2491 basis, a report detailing the high demand technical jobs projected to support economic growth
2492 in high need strategic industry clusters, including:
2493 (a) aerospace and defense;
2494 (b) energy and natural resources;
2495 (c) financial services;
2496 (d) life sciences;
2497 (e) outdoor products;
2498 (f) software development and information technology; or
2499 (g) any other strategic industry cluster designated by the Governor's Office of
2500 Economic Development.
2501 (2) To receive funding under this section, an eligible partnership shall submit a
2502 proposal containing the elements described in Subsection (3) to the Legislature:
2503 (a) on or before July 1, 2016, for fiscal year 2017; or
2504 (b) on or before January 5 for fiscal year 2018 and any succeeding fiscal year.
2505 (3) The proposal shall include:
2506 (a) a program of study that:
2507 (i) is responsive to the workforce needs of the CTE region in a high need strategic
2508 industry cluster as identified by the Governor's Office of Economic Development under
2509 Subsection (1);
2510 (ii) leads to the attainment of a stackable sequence of credentials; and
2511 (iii) includes a non-duplicative progression of courses that include both academic and
2512 CTE content;
2513 (b) expected student enrollment, attainment rates, and job placement rates;
2514 (c) evidence of input and support for the proposal from an industry advisory group;
2515 (d) evidence of an official action in support of the proposal from:
2516 (i) the Utah [
2517 Trustees, if the eligible partnership includes a technical college [
2518
2519 (ii) the Board of Regents, if the eligible partnership includes:
2520 (A) an institution of higher education; or
2521 (B) a college described in Subsection 53B-26-102[
2522 (e) a funding request, including justification for the request.
2523 (4) The Legislature shall:
2524 (a) review a proposal submitted under this section using the following criteria:
2525 (i) the proposal contains the elements described in Subsection (3);
2526 (ii) support for the proposal is widespread within the CTE region; and
2527 (iii) the proposal expands the capacity to meet regional workforce needs;
2528 (b) determine the extent to which to fund the proposal; and
2529 (c) fund the proposal through the appropriations process.
2530 Section 56. Section 58-22-302 is amended to read:
2531 58-22-302. Qualifications for licensure.
2532 (1) Each applicant for licensure as a professional engineer shall:
2533 (a) submit an application in a form prescribed by the division;
2534 (b) pay a fee determined by the department under Section 63J-1-504;
2535 (c) provide satisfactory evidence of good moral character;
2536 (d) (i) have graduated and received a bachelors or masters degree from an engineering
2537 program meeting criteria established by rule by the division in collaboration with the board; or
2538 (ii) have completed the Transportation Engineering Technology and Fundamental
2539 Engineering College Program [
2540 Department of Transportation and as certified by the Utah Department of Transportation;
2541 (e) have successfully completed a program of qualifying experience established by rule
2542 by the division in collaboration with the board;
2543 (f) have successfully passed examinations established by rule by the division in
2544 collaboration with the board; and
2545 (g) meet with the board or representative of the division upon request for the purpose
2546 of evaluating the applicant's qualification for licensure.
2547 (2) Each applicant for licensure as a professional structural engineer shall:
2548 (a) submit an application in a form prescribed by the division;
2549 (b) pay a fee determined by the department under Section 63J-1-504;
2550 (c) provide satisfactory evidence of good moral character;
2551 (d) have graduated and received an earned bachelors or masters degree from an
2552 engineering program meeting criteria established by rule by the division in collaboration with
2553 the board;
2554 (e) have successfully completed three years of licensed professional engineering
2555 experience established by rule by the division in collaboration with the board, except that prior
2556 to January 1, 2009, an applicant for licensure may submit a signed affidavit in a form
2557 prescribed by the division stating that the applicant is currently engaged in the practice of
2558 structural engineering;
2559 (f) have successfully passed examinations established by rule by the division in
2560 collaboration with the board, except that prior to January 1, 2009, an applicant for licensure
2561 may submit a signed affidavit in a form prescribed by the division stating that the applicant is
2562 currently engaged in the practice of structural engineering; and
2563 (g) meet with the board or representative of the division upon request for the purpose
2564 of evaluating the applicant's qualification for licensure.
2565 (3) Each applicant for licensure as a professional land surveyor shall:
2566 (a) submit an application in a form prescribed by the division;
2567 (b) pay a fee determined by the department under Section 63J-1-504;
2568 (c) provide satisfactory evidence of good moral character;
2569 (d) (i) have graduated and received an associates, bachelors, or masters degree from a
2570 land surveying program, or an equivalent land surveying program, such as a program offered by
2571 [
2572 53B-2a-105, as approved by the State Board of Regents, established by rule by the division in
2573 collaboration with the board, and have successfully completed a program of qualifying
2574 experience in land surveying established by rule by the division in collaboration with the board;
2575 or
2576 (ii) have successfully completed a program of qualifying experience in land surveying
2577 prior to January 1, 2007, in accordance with rules established by the division in collaboration
2578 with the board;
2579 (e) have successfully passed examinations established by rule by the division in
2580 collaboration with the board; and
2581 (f) meet with the board or representative of the division upon request for the purpose of
2582 evaluating the applicant's qualification for licensure.
2583 (4) Each applicant for licensure by endorsement shall:
2584 (a) submit an application in a form prescribed by the division;
2585 (b) pay a fee determined by the department under Section 63J-1-504;
2586 (c) provide satisfactory evidence of good moral character;
2587 (d) submit satisfactory evidence of:
2588 (i) current licensure in good standing in a jurisdiction recognized by rule by the
2589 division in collaboration with the board;
2590 (ii) having successfully passed an examination established by rule by the division in
2591 collaboration with the board; and
2592 (iii) full-time employment as a principal for at least five of the last seven years
2593 immediately preceding the date of the application as a:
2594 (A) licensed professional engineer for licensure as a professional engineer;
2595 (B) licensed professional structural engineer for licensure as a structural engineer; or
2596 (C) licensed professional land surveyor for licensure as a professional land surveyor;
2597 and
2598 (e) meet with the board or representative of the division upon request for the purpose
2599 of evaluating the applicant's qualifications for license.
2600 (5) The rules made to implement this section shall be in accordance with Title 63G,
2601 Chapter 3, Utah Administrative Rulemaking Act.
2602 Section 57. Section 59-12-102 is amended to read:
2603 59-12-102. Definitions.
2604 As used in this chapter:
2605 (1) "800 service" means a telecommunications service that:
2606 (a) allows a caller to dial a toll-free number without incurring a charge for the call; and
2607 (b) is typically marketed:
2608 (i) under the name 800 toll-free calling;
2609 (ii) under the name 855 toll-free calling;
2610 (iii) under the name 866 toll-free calling;
2611 (iv) under the name 877 toll-free calling;
2612 (v) under the name 888 toll-free calling; or
2613 (vi) under a name similar to Subsections (1)(b)(i) through (v) as designated by the
2614 Federal Communications Commission.
2615 (2) (a) "900 service" means an inbound toll telecommunications service that:
2616 (i) a subscriber purchases;
2617 (ii) allows a customer of the subscriber described in Subsection (2)(a)(i) to call in to
2618 the subscriber's:
2619 (A) prerecorded announcement; or
2620 (B) live service; and
2621 (iii) is typically marketed:
2622 (A) under the name 900 service; or
2623 (B) under a name similar to Subsection (2)(a)(iii)(A) as designated by the Federal
2624 Communications Commission.
2625 (b) "900 service" does not include a charge for:
2626 (i) a collection service a seller of a telecommunications service provides to a
2627 subscriber; or
2628 (ii) the following a subscriber sells to the subscriber's customer:
2629 (A) a product; or
2630 (B) a service.
2631 (3) (a) "Admission or user fees" includes season passes.
2632 (b) "Admission or user fees" does not include annual membership dues to private
2633 organizations.
2634 (4) "Agreement" means the Streamlined Sales and Use Tax Agreement adopted on
2635 November 12, 2002, including amendments made to the Streamlined Sales and Use Tax
2636 Agreement after November 12, 2002.
2637 (5) "Agreement combined tax rate" means the sum of the tax rates:
2638 (a) listed under Subsection (6); and
2639 (b) that are imposed within a local taxing jurisdiction.
2640 (6) "Agreement sales and use tax" means a tax imposed under:
2641 (a) Subsection 59-12-103(2)(a)(i)(A);
2642 (b) Subsection 59-12-103(2)(b)(i);
2643 (c) Subsection 59-12-103(2)(c)(i);
2644 (d) Subsection 59-12-103(2)(d)(i)(A)(I);
2645 (e) Section 59-12-204;
2646 (f) Section 59-12-401;
2647 (g) Section 59-12-402;
2648 (h) Section 59-12-402.1;
2649 (i) Section 59-12-703;
2650 (j) Section 59-12-802;
2651 (k) Section 59-12-804;
2652 (l) Section 59-12-1102;
2653 (m) Section 59-12-1302;
2654 (n) Section 59-12-1402;
2655 (o) Section 59-12-1802;
2656 (p) Section 59-12-2003;
2657 (q) Section 59-12-2103;
2658 (r) Section 59-12-2213;
2659 (s) Section 59-12-2214;
2660 (t) Section 59-12-2215;
2661 (u) Section 59-12-2216;
2662 (v) Section 59-12-2217; or
2663 (w) Section 59-12-2218.
2664 (7) "Aircraft" is as defined in Section 72-10-102.
2665 (8) "Aircraft maintenance, repair, and overhaul provider" means a business entity:
2666 (a) except for:
2667 (i) an airline as defined in Section 59-2-102; or
2668 (ii) an affiliated group, as defined in Section 59-7-101, except that "affiliated group"
2669 includes a corporation that is qualified to do business but is not otherwise doing business in the
2670 state, of an airline; and
2671 (b) that has the workers, expertise, and facilities to perform the following, regardless of
2672 whether the business entity performs the following in this state:
2673 (i) check, diagnose, overhaul, and repair:
2674 (A) an onboard system of a fixed wing turbine powered aircraft; and
2675 (B) the parts that comprise an onboard system of a fixed wing turbine powered aircraft;
2676 (ii) assemble, change, dismantle, inspect, and test a fixed wing turbine powered aircraft
2677 engine;
2678 (iii) perform at least the following maintenance on a fixed wing turbine powered
2679 aircraft:
2680 (A) an inspection;
2681 (B) a repair, including a structural repair or modification;
2682 (C) changing landing gear; and
2683 (D) addressing issues related to an aging fixed wing turbine powered aircraft;
2684 (iv) completely remove the existing paint of a fixed wing turbine powered aircraft and
2685 completely apply new paint to the fixed wing turbine powered aircraft; and
2686 (v) refurbish the interior of a fixed wing turbine powered aircraft in a manner that
2687 results in a change in the fixed wing turbine powered aircraft's certification requirements by the
2688 authority that certifies the fixed wing turbine powered aircraft.
2689 (9) "Alcoholic beverage" means a beverage that:
2690 (a) is suitable for human consumption; and
2691 (b) contains .5% or more alcohol by volume.
2692 (10) "Alternative energy" means:
2693 (a) biomass energy;
2694 (b) geothermal energy;
2695 (c) hydroelectric energy;
2696 (d) solar energy;
2697 (e) wind energy; or
2698 (f) energy that is derived from:
2699 (i) coal-to-liquids;
2700 (ii) nuclear fuel;
2701 (iii) oil-impregnated diatomaceous earth;
2702 (iv) oil sands;
2703 (v) oil shale;
2704 (vi) petroleum coke; or
2705 (vii) waste heat from:
2706 (A) an industrial facility; or
2707 (B) a power station in which an electric generator is driven through a process in which
2708 water is heated, turns into steam, and spins a steam turbine.
2709 (11) (a) Subject to Subsection (11)(b), "alternative energy electricity production
2710 facility" means a facility that:
2711 (i) uses alternative energy to produce electricity; and
2712 (ii) has a production capacity of two megawatts or greater.
2713 (b) A facility is an alternative energy electricity production facility regardless of
2714 whether the facility is:
2715 (i) connected to an electric grid; or
2716 (ii) located on the premises of an electricity consumer.
2717 (12) (a) "Ancillary service" means a service associated with, or incidental to, the
2718 provision of telecommunications service.
2719 (b) "Ancillary service" includes:
2720 (i) a conference bridging service;
2721 (ii) a detailed communications billing service;
2722 (iii) directory assistance;
2723 (iv) a vertical service; or
2724 (v) a voice mail service.
2725 (13) "Area agency on aging" is as defined in Section 62A-3-101.
2726 (14) "Assisted amusement device" means an amusement device, skill device, or ride
2727 device that is started and stopped by an individual:
2728 (a) who is not the purchaser or renter of the right to use or operate the amusement
2729 device, skill device, or ride device; and
2730 (b) at the direction of the seller of the right to use the amusement device, skill device,
2731 or ride device.
2732 (15) "Assisted cleaning or washing of tangible personal property" means cleaning or
2733 washing of tangible personal property if the cleaning or washing labor is primarily performed
2734 by an individual:
2735 (a) who is not the purchaser of the cleaning or washing of the tangible personal
2736 property; and
2737 (b) at the direction of the seller of the cleaning or washing of the tangible personal
2738 property.
2739 (16) "Authorized carrier" means:
2740 (a) in the case of vehicles operated over public highways, the holder of credentials
2741 indicating that the vehicle is or will be operated pursuant to both the International Registration
2742 Plan and the International Fuel Tax Agreement;
2743 (b) in the case of aircraft, the holder of a Federal Aviation Administration operating
2744 certificate or air carrier's operating certificate; or
2745 (c) in the case of locomotives, freight cars, railroad work equipment, or other rolling
2746 stock, a person who uses locomotives, freight cars, railroad work equipment, or other rolling
2747 stock in more than one state.
2748 (17) (a) Except as provided in Subsection (17)(b), "biomass energy" means any of the
2749 following that is used as the primary source of energy to produce fuel or electricity:
2750 (i) material from a plant or tree; or
2751 (ii) other organic matter that is available on a renewable basis, including:
2752 (A) slash and brush from forests and woodlands;
2753 (B) animal waste;
2754 (C) waste vegetable oil;
2755 (D) methane or synthetic gas produced at a landfill, as a byproduct of the treatment of
2756 wastewater residuals, or through the conversion of a waste material through a nonincineration,
2757 thermal conversion process;
2758 (E) aquatic plants; and
2759 (F) agricultural products.
2760 (b) "Biomass energy" does not include:
2761 (i) black liquor; or
2762 (ii) treated woods.
2763 (18) (a) "Bundled transaction" means the sale of two or more items of tangible personal
2764 property, products, or services if the tangible personal property, products, or services are:
2765 (i) distinct and identifiable; and
2766 (ii) sold for one nonitemized price.
2767 (b) "Bundled transaction" does not include:
2768 (i) the sale of tangible personal property if the sales price varies, or is negotiable, on
2769 the basis of the selection by the purchaser of the items of tangible personal property included in
2770 the transaction;
2771 (ii) the sale of real property;
2772 (iii) the sale of services to real property;
2773 (iv) the retail sale of tangible personal property and a service if:
2774 (A) the tangible personal property:
2775 (I) is essential to the use of the service; and
2776 (II) is provided exclusively in connection with the service; and
2777 (B) the service is the true object of the transaction;
2778 (v) the retail sale of two services if:
2779 (A) one service is provided that is essential to the use or receipt of a second service;
2780 (B) the first service is provided exclusively in connection with the second service; and
2781 (C) the second service is the true object of the transaction;
2782 (vi) a transaction that includes tangible personal property or a product subject to
2783 taxation under this chapter and tangible personal property or a product that is not subject to
2784 taxation under this chapter if the:
2785 (A) seller's purchase price of the tangible personal property or product subject to
2786 taxation under this chapter is de minimis; or
2787 (B) seller's sales price of the tangible personal property or product subject to taxation
2788 under this chapter is de minimis; and
2789 (vii) the retail sale of tangible personal property that is not subject to taxation under
2790 this chapter and tangible personal property that is subject to taxation under this chapter if:
2791 (A) that retail sale includes:
2792 (I) food and food ingredients;
2793 (II) a drug;
2794 (III) durable medical equipment;
2795 (IV) mobility enhancing equipment;
2796 (V) an over-the-counter drug;
2797 (VI) a prosthetic device; or
2798 (VII) a medical supply; and
2799 (B) subject to Subsection (18)(f):
2800 (I) the seller's purchase price of the tangible personal property subject to taxation under
2801 this chapter is 50% or less of the seller's total purchase price of that retail sale; or
2802 (II) the seller's sales price of the tangible personal property subject to taxation under
2803 this chapter is 50% or less of the seller's total sales price of that retail sale.
2804 (c) (i) For purposes of Subsection (18)(a)(i), tangible personal property, a product, or a
2805 service that is distinct and identifiable does not include:
2806 (A) packaging that:
2807 (I) accompanies the sale of the tangible personal property, product, or service; and
2808 (II) is incidental or immaterial to the sale of the tangible personal property, product, or
2809 service;
2810 (B) tangible personal property, a product, or a service provided free of charge with the
2811 purchase of another item of tangible personal property, a product, or a service; or
2812 (C) an item of tangible personal property, a product, or a service included in the
2813 definition of "purchase price."
2814 (ii) For purposes of Subsection (18)(c)(i)(B), an item of tangible personal property, a
2815 product, or a service is provided free of charge with the purchase of another item of tangible
2816 personal property, a product, or a service if the sales price of the purchased item of tangible
2817 personal property, product, or service does not vary depending on the inclusion of the tangible
2818 personal property, product, or service provided free of charge.
2819 (d) (i) For purposes of Subsection (18)(a)(ii), property sold for one nonitemized price
2820 does not include a price that is separately identified by tangible personal property, product, or
2821 service on the following, regardless of whether the following is in paper format or electronic
2822 format:
2823 (A) a binding sales document; or
2824 (B) another supporting sales-related document that is available to a purchaser.
2825 (ii) For purposes of Subsection (18)(d)(i), a binding sales document or another
2826 supporting sales-related document that is available to a purchaser includes:
2827 (A) a bill of sale;
2828 (B) a contract;
2829 (C) an invoice;
2830 (D) a lease agreement;
2831 (E) a periodic notice of rates and services;
2832 (F) a price list;
2833 (G) a rate card;
2834 (H) a receipt; or
2835 (I) a service agreement.
2836 (e) (i) For purposes of Subsection (18)(b)(vi), the sales price of tangible personal
2837 property or a product subject to taxation under this chapter is de minimis if:
2838 (A) the seller's purchase price of the tangible personal property or product is 10% or
2839 less of the seller's total purchase price of the bundled transaction; or
2840 (B) the seller's sales price of the tangible personal property or product is 10% or less of
2841 the seller's total sales price of the bundled transaction.
2842 (ii) For purposes of Subsection (18)(b)(vi), a seller:
2843 (A) shall use the seller's purchase price or the seller's sales price to determine if the
2844 purchase price or sales price of the tangible personal property or product subject to taxation
2845 under this chapter is de minimis; and
2846 (B) may not use a combination of the seller's purchase price and the seller's sales price
2847 to determine if the purchase price or sales price of the tangible personal property or product
2848 subject to taxation under this chapter is de minimis.
2849 (iii) For purposes of Subsection (18)(b)(vi), a seller shall use the full term of a service
2850 contract to determine if the sales price of tangible personal property or a product is de minimis.
2851 (f) For purposes of Subsection (18)(b)(vii)(B), a seller may not use a combination of
2852 the seller's purchase price and the seller's sales price to determine if tangible personal property
2853 subject to taxation under this chapter is 50% or less of the seller's total purchase price or sales
2854 price of that retail sale.
2855 (19) "Certified automated system" means software certified by the governing board of
2856 the agreement that:
2857 (a) calculates the agreement sales and use tax imposed within a local taxing
2858 jurisdiction:
2859 (i) on a transaction; and
2860 (ii) in the states that are members of the agreement;
2861 (b) determines the amount of agreement sales and use tax to remit to a state that is a
2862 member of the agreement; and
2863 (c) maintains a record of the transaction described in Subsection (19)(a)(i).
2864 (20) "Certified service provider" means an agent certified:
2865 (a) by the governing board of the agreement; and
2866 (b) to perform all of a seller's sales and use tax functions for an agreement sales and
2867 use tax other than the seller's obligation under Section 59-12-124 to remit a tax on the seller's
2868 own purchases.
2869 (21) (a) Subject to Subsection (21)(b), "clothing" means all human wearing apparel
2870 suitable for general use.
2871 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2872 commission shall make rules:
2873 (i) listing the items that constitute "clothing"; and
2874 (ii) that are consistent with the list of items that constitute "clothing" under the
2875 agreement.
2876 (22) "Coal-to-liquid" means the process of converting coal into a liquid synthetic fuel.
2877 (23) "Commercial use" means the use of gas, electricity, heat, coal, fuel oil, or other
2878 fuels that does not constitute industrial use under Subsection (56) or residential use under
2879 Subsection (106).
2880 (24) (a) "Common carrier" means a person engaged in or transacting the business of
2881 transporting passengers, freight, merchandise, or other property for hire within this state.
2882 (b) (i) "Common carrier" does not include a person who, at the time the person is
2883 traveling to or from that person's place of employment, transports a passenger to or from the
2884 passenger's place of employment.
2885 (ii) For purposes of Subsection (24)(b)(i), in accordance with Title 63G, Chapter 3,
2886 Utah Administrative Rulemaking Act, the commission may make rules defining what
2887 constitutes a person's place of employment.
2888 (c) "Common carrier" does not include a person that provides transportation network
2889 services, as defined in Section 13-51-102.
2890 (25) "Component part" includes:
2891 (a) poultry, dairy, and other livestock feed, and their components;
2892 (b) baling ties and twine used in the baling of hay and straw;
2893 (c) fuel used for providing temperature control of orchards and commercial
2894 greenhouses doing a majority of their business in wholesale sales, and for providing power for
2895 off-highway type farm machinery; and
2896 (d) feed, seeds, and seedlings.
2897 (26) "Computer" means an electronic device that accepts information:
2898 (a) (i) in digital form; or
2899 (ii) in a form similar to digital form; and
2900 (b) manipulates that information for a result based on a sequence of instructions.
2901 (27) "Computer software" means a set of coded instructions designed to cause:
2902 (a) a computer to perform a task; or
2903 (b) automatic data processing equipment to perform a task.
2904 (28) "Computer software maintenance contract" means a contract that obligates a seller
2905 of computer software to provide a customer with:
2906 (a) future updates or upgrades to computer software;
2907 (b) support services with respect to computer software; or
2908 (c) a combination of Subsections (28)(a) and (b).
2909 (29) (a) "Conference bridging service" means an ancillary service that links two or
2910 more participants of an audio conference call or video conference call.
2911 (b) "Conference bridging service" may include providing a telephone number as part of
2912 the ancillary service described in Subsection (29)(a).
2913 (c) "Conference bridging service" does not include a telecommunications service used
2914 to reach the ancillary service described in Subsection (29)(a).
2915 (30) "Construction materials" means any tangible personal property that will be
2916 converted into real property.
2917 (31) "Delivered electronically" means delivered to a purchaser by means other than
2918 tangible storage media.
2919 (32) (a) "Delivery charge" means a charge:
2920 (i) by a seller of:
2921 (A) tangible personal property;
2922 (B) a product transferred electronically; or
2923 (C) services; and
2924 (ii) for preparation and delivery of the tangible personal property, product transferred
2925 electronically, or services described in Subsection (32)(a)(i) to a location designated by the
2926 purchaser.
2927 (b) "Delivery charge" includes a charge for the following:
2928 (i) transportation;
2929 (ii) shipping;
2930 (iii) postage;
2931 (iv) handling;
2932 (v) crating; or
2933 (vi) packing.
2934 (33) "Detailed telecommunications billing service" means an ancillary service of
2935 separately stating information pertaining to individual calls on a customer's billing statement.
2936 (34) "Dietary supplement" means a product, other than tobacco, that:
2937 (a) is intended to supplement the diet;
2938 (b) contains one or more of the following dietary ingredients:
2939 (i) a vitamin;
2940 (ii) a mineral;
2941 (iii) an herb or other botanical;
2942 (iv) an amino acid;
2943 (v) a dietary substance for use by humans to supplement the diet by increasing the total
2944 dietary intake; or
2945 (vi) a concentrate, metabolite, constituent, extract, or combination of any ingredient
2946 described in Subsections (34)(b)(i) through (v);
2947 (c) (i) except as provided in Subsection (34)(c)(ii), is intended for ingestion in:
2948 (A) tablet form;
2949 (B) capsule form;
2950 (C) powder form;
2951 (D) softgel form;
2952 (E) gelcap form; or
2953 (F) liquid form; or
2954 (ii) if the product is not intended for ingestion in a form described in Subsections
2955 (34)(c)(i)(A) through (F), is not represented:
2956 (A) as conventional food; and
2957 (B) for use as a sole item of:
2958 (I) a meal; or
2959 (II) the diet; and
2960 (d) is required to be labeled as a dietary supplement:
2961 (i) identifiable by the "Supplemental Facts" box found on the label; and
2962 (ii) as required by 21 C.F.R. Sec. 101.36.
2963 (35) "Digital audio-visual work" means a series of related images which, when shown
2964 in succession, imparts an impression of motion, together with accompanying sounds, if any.
2965 (36) (a) "Digital audio work" means a work that results from the fixation of a series of
2966 musical, spoken, or other sounds.
2967 (b) "Digital audio work" includes a ringtone.
2968 (37) "Digital book" means a work that is generally recognized in the ordinary and usual
2969 sense as a book.
2970 (38) (a) "Direct mail" means printed material delivered or distributed by United States
2971 mail or other delivery service:
2972 (i) to:
2973 (A) a mass audience; or
2974 (B) addressees on a mailing list provided:
2975 (I) by a purchaser of the mailing list; or
2976 (II) at the discretion of the purchaser of the mailing list; and
2977 (ii) if the cost of the printed material is not billed directly to the recipients.
2978 (b) "Direct mail" includes tangible personal property supplied directly or indirectly by a
2979 purchaser to a seller of direct mail for inclusion in a package containing the printed material.
2980 (c) "Direct mail" does not include multiple items of printed material delivered to a
2981 single address.
2982 (39) "Directory assistance" means an ancillary service of providing:
2983 (a) address information; or
2984 (b) telephone number information.
2985 (40) (a) "Disposable home medical equipment or supplies" means medical equipment
2986 or supplies that:
2987 (i) cannot withstand repeated use; and
2988 (ii) are purchased by, for, or on behalf of a person other than:
2989 (A) a health care facility as defined in Section 26-21-2;
2990 (B) a health care provider as defined in Section 78B-3-403;
2991 (C) an office of a health care provider described in Subsection (40)(a)(ii)(B); or
2992 (D) a person similar to a person described in Subsections (40)(a)(ii)(A) through (C).
2993 (b) "Disposable home medical equipment or supplies" does not include:
2994 (i) a drug;
2995 (ii) durable medical equipment;
2996 (iii) a hearing aid;
2997 (iv) a hearing aid accessory;
2998 (v) mobility enhancing equipment; or
2999 (vi) tangible personal property used to correct impaired vision, including:
3000 (A) eyeglasses; or
3001 (B) contact lenses.
3002 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3003 commission may by rule define what constitutes medical equipment or supplies.
3004 (41) "Drilling equipment manufacturer" means a facility:
3005 (a) located in the state;
3006 (b) with respect to which 51% or more of the manufacturing activities of the facility
3007 consist of manufacturing component parts of drilling equipment;
3008 (c) that uses pressure of 800,000 or more pounds per square inch as part of the
3009 manufacturing process; and
3010 (d) that uses a temperature of 2,000 or more degrees Fahrenheit as part of the
3011 manufacturing process.
3012 (42) (a) "Drug" means a compound, substance, or preparation, or a component of a
3013 compound, substance, or preparation that is:
3014 (i) recognized in:
3015 (A) the official United States Pharmacopoeia;
3016 (B) the official Homeopathic Pharmacopoeia of the United States;
3017 (C) the official National Formulary; or
3018 (D) a supplement to a publication listed in Subsections (42)(a)(i)(A) through (C);
3019 (ii) intended for use in the:
3020 (A) diagnosis of disease;
3021 (B) cure of disease;
3022 (C) mitigation of disease;
3023 (D) treatment of disease; or
3024 (E) prevention of disease; or
3025 (iii) intended to affect:
3026 (A) the structure of the body; or
3027 (B) any function of the body.
3028 (b) "Drug" does not include:
3029 (i) food and food ingredients;
3030 (ii) a dietary supplement;
3031 (iii) an alcoholic beverage; or
3032 (iv) a prosthetic device.
3033 (43) (a) Except as provided in Subsection (43)(c), "durable medical equipment" means
3034 equipment that:
3035 (i) can withstand repeated use;
3036 (ii) is primarily and customarily used to serve a medical purpose;
3037 (iii) generally is not useful to a person in the absence of illness or injury; and
3038 (iv) is not worn in or on the body.
3039 (b) "Durable medical equipment" includes parts used in the repair or replacement of the
3040 equipment described in Subsection (43)(a).
3041 (c) "Durable medical equipment" does not include mobility enhancing equipment.
3042 (44) "Electronic" means:
3043 (a) relating to technology; and
3044 (b) having:
3045 (i) electrical capabilities;
3046 (ii) digital capabilities;
3047 (iii) magnetic capabilities;
3048 (iv) wireless capabilities;
3049 (v) optical capabilities;
3050 (vi) electromagnetic capabilities; or
3051 (vii) capabilities similar to Subsections (44)(b)(i) through (vi).
3052 (45) "Electronic financial payment service" means an establishment:
3053 (a) within NAICS Code 522320, Financial Transactions Processing, Reserve, and
3054 Clearinghouse Activities, of the 2012 North American Industry Classification System of the
3055 federal Executive Office of the President, Office of Management and Budget; and
3056 (b) that performs electronic financial payment services.
3057 (46) "Employee" is as defined in Section 59-10-401.
3058 (47) "Fixed guideway" means a public transit facility that uses and occupies:
3059 (a) rail for the use of public transit; or
3060 (b) a separate right-of-way for the use of public transit.
3061 (48) "Fixed wing turbine powered aircraft" means an aircraft that:
3062 (a) is powered by turbine engines;
3063 (b) operates on jet fuel; and
3064 (c) has wings that are permanently attached to the fuselage of the aircraft.
3065 (49) "Fixed wireless service" means a telecommunications service that provides radio
3066 communication between fixed points.
3067 (50) (a) "Food and food ingredients" means substances:
3068 (i) regardless of whether the substances are in:
3069 (A) liquid form;
3070 (B) concentrated form;
3071 (C) solid form;
3072 (D) frozen form;
3073 (E) dried form; or
3074 (F) dehydrated form; and
3075 (ii) that are:
3076 (A) sold for:
3077 (I) ingestion by humans; or
3078 (II) chewing by humans; and
3079 (B) consumed for the substance's:
3080 (I) taste; or
3081 (II) nutritional value.
3082 (b) "Food and food ingredients" includes an item described in Subsection (91)(b)(iii).
3083 (c) "Food and food ingredients" does not include:
3084 (i) an alcoholic beverage;
3085 (ii) tobacco; or
3086 (iii) prepared food.
3087 (51) (a) "Fundraising sales" means sales:
3088 (i) (A) made by a school; or
3089 (B) made by a school student;
3090 (ii) that are for the purpose of raising funds for the school to purchase equipment,
3091 materials, or provide transportation; and
3092 (iii) that are part of an officially sanctioned school activity.
3093 (b) For purposes of Subsection (51)(a)(iii), "officially sanctioned school activity"
3094 means a school activity:
3095 (i) that is conducted in accordance with a formal policy adopted by the school or school
3096 district governing the authorization and supervision of fundraising activities;
3097 (ii) that does not directly or indirectly compensate an individual teacher or other
3098 educational personnel by direct payment, commissions, or payment in kind; and
3099 (iii) the net or gross revenues from which are deposited in a dedicated account
3100 controlled by the school or school district.
3101 (52) "Geothermal energy" means energy contained in heat that continuously flows
3102 outward from the earth that is used as the sole source of energy to produce electricity.
3103 (53) "Governing board of the agreement" means the governing board of the agreement
3104 that is:
3105 (a) authorized to administer the agreement; and
3106 (b) established in accordance with the agreement.
3107 (54) (a) For purposes of Subsection 59-12-104(41), "governmental entity" means:
3108 (i) the executive branch of the state, including all departments, institutions, boards,
3109 divisions, bureaus, offices, commissions, and committees;
3110 (ii) the judicial branch of the state, including the courts, the Judicial Council, the
3111 Office of the Court Administrator, and similar administrative units in the judicial branch;
3112 (iii) the legislative branch of the state, including the House of Representatives, the
3113 Senate, the Legislative Printing Office, the Office of Legislative Research and General
3114 Counsel, the Office of the Legislative Auditor General, and the Office of the Legislative Fiscal
3115 Analyst;
3116 (iv) the National Guard;
3117 (v) an independent entity as defined in Section 63E-1-102; or
3118 (vi) a political subdivision as defined in Section 17B-1-102.
3119 (b) "Governmental entity" does not include the state systems of public and higher
3120 education, including:
3121 [
3122 [
3123 [
3124 [
3125 [
3126 (55) "Hydroelectric energy" means water used as the sole source of energy to produce
3127 electricity.
3128 (56) "Industrial use" means the use of natural gas, electricity, heat, coal, fuel oil, or
3129 other fuels:
3130 (a) in mining or extraction of minerals;
3131 (b) in agricultural operations to produce an agricultural product up to the time of
3132 harvest or placing the agricultural product into a storage facility, including:
3133 (i) commercial greenhouses;
3134 (ii) irrigation pumps;
3135 (iii) farm machinery;
3136 (iv) implements of husbandry as defined in Section 41-1a-102 that are not registered
3137 under Title 41, Chapter 1a, Part 2, Registration; and
3138 (v) other farming activities;
3139 (c) in manufacturing tangible personal property at an establishment described in SIC
3140 Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of the federal
3141 Executive Office of the President, Office of Management and Budget;
3142 (d) by a scrap recycler if:
3143 (i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
3144 one or more of the following items into prepared grades of processed materials for use in new
3145 products:
3146 (A) iron;
3147 (B) steel;
3148 (C) nonferrous metal;
3149 (D) paper;
3150 (E) glass;
3151 (F) plastic;
3152 (G) textile; or
3153 (H) rubber; and
3154 (ii) the new products under Subsection (56)(d)(i) would otherwise be made with
3155 nonrecycled materials; or
3156 (e) in producing a form of energy or steam described in Subsection 54-2-1(2)(a) by a
3157 cogeneration facility as defined in Section 54-2-1.
3158 (57) (a) Except as provided in Subsection (57)(b), "installation charge" means a charge
3159 for installing:
3160 (i) tangible personal property; or
3161 (ii) a product transferred electronically.
3162 (b) "Installation charge" does not include a charge for:
3163 (i) repairs or renovations of:
3164 (A) tangible personal property; or
3165 (B) a product transferred electronically; or
3166 (ii) attaching tangible personal property or a product transferred electronically:
3167 (A) to other tangible personal property; and
3168 (B) as part of a manufacturing or fabrication process.
3169 (58) "Institution of higher education" means an institution of higher education listed in
3170 Section 53B-2-101.
3171 (59) (a) "Lease" or "rental" means a transfer of possession or control of tangible
3172 personal property or a product transferred electronically for:
3173 (i) (A) a fixed term; or
3174 (B) an indeterminate term; and
3175 (ii) consideration.
3176 (b) "Lease" or "rental" includes an agreement covering a motor vehicle and trailer if the
3177 amount of consideration may be increased or decreased by reference to the amount realized
3178 upon sale or disposition of the property as defined in Section 7701(h)(1), Internal Revenue
3179 Code.
3180 (c) "Lease" or "rental" does not include:
3181 (i) a transfer of possession or control of property under a security agreement or
3182 deferred payment plan that requires the transfer of title upon completion of the required
3183 payments;
3184 (ii) a transfer of possession or control of property under an agreement that requires the
3185 transfer of title:
3186 (A) upon completion of required payments; and
3187 (B) if the payment of an option price does not exceed the greater of:
3188 (I) $100; or
3189 (II) 1% of the total required payments; or
3190 (iii) providing tangible personal property along with an operator for a fixed period of
3191 time or an indeterminate period of time if the operator is necessary for equipment to perform as
3192 designed.
3193 (d) For purposes of Subsection (59)(c)(iii), an operator is necessary for equipment to
3194 perform as designed if the operator's duties exceed the:
3195 (i) set-up of tangible personal property;
3196 (ii) maintenance of tangible personal property; or
3197 (iii) inspection of tangible personal property.
3198 (60) "Life science establishment" means an establishment in this state that is classified
3199 under the following NAICS codes of the 2007 North American Industry Classification System
3200 of the federal Executive Office of the President, Office of Management and Budget:
3201 (a) NAICS Code 33911, Medical Equipment and Supplies Manufacturing;
3202 (b) NAICS Code 334510, Electromedical and Electrotherapeutic Apparatus
3203 Manufacturing; or
3204 (c) NAICS Code 334517, Irradiation Apparatus Manufacturing.
3205 (61) "Life science research and development facility" means a facility owned, leased,
3206 or rented by a life science establishment if research and development is performed in 51% or
3207 more of the total area of the facility.
3208 (62) "Load and leave" means delivery to a purchaser by use of a tangible storage media
3209 if the tangible storage media is not physically transferred to the purchaser.
3210 (63) "Local taxing jurisdiction" means a:
3211 (a) county that is authorized to impose an agreement sales and use tax;
3212 (b) city that is authorized to impose an agreement sales and use tax; or
3213 (c) town that is authorized to impose an agreement sales and use tax.
3214 (64) "Manufactured home" is as defined in Section 15A-1-302.
3215 (65) "Manufacturing facility" means:
3216 (a) an establishment described in SIC Codes 2000 to 3999 of the 1987 Standard
3217 Industrial Classification Manual of the federal Executive Office of the President, Office of
3218 Management and Budget;
3219 (b) a scrap recycler if:
3220 (i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
3221 one or more of the following items into prepared grades of processed materials for use in new
3222 products:
3223 (A) iron;
3224 (B) steel;
3225 (C) nonferrous metal;
3226 (D) paper;
3227 (E) glass;
3228 (F) plastic;
3229 (G) textile; or
3230 (H) rubber; and
3231 (ii) the new products under Subsection (65)(b)(i) would otherwise be made with
3232 nonrecycled materials; or
3233 (c) a cogeneration facility as defined in Section 54-2-1 if the cogeneration facility is
3234 placed in service on or after May 1, 2006.
3235 (66) "Member of the immediate family of the producer" means a person who is related
3236 to a producer described in Subsection 59-12-104(20)(a) as a:
3237 (a) child or stepchild, regardless of whether the child or stepchild is:
3238 (i) an adopted child or adopted stepchild; or
3239 (ii) a foster child or foster stepchild;
3240 (b) grandchild or stepgrandchild;
3241 (c) grandparent or stepgrandparent;
3242 (d) nephew or stepnephew;
3243 (e) niece or stepniece;
3244 (f) parent or stepparent;
3245 (g) sibling or stepsibling;
3246 (h) spouse;
3247 (i) person who is the spouse of a person described in Subsections (66)(a) through (g);
3248 or
3249 (j) person similar to a person described in Subsections (66)(a) through (i) as
3250 determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
3251 Administrative Rulemaking Act.
3252 (67) "Mobile home" is as defined in Section 15A-1-302.
3253 (68) "Mobile telecommunications service" is as defined in the Mobile
3254 Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
3255 (69) (a) "Mobile wireless service" means a telecommunications service, regardless of
3256 the technology used, if:
3257 (i) the origination point of the conveyance, routing, or transmission is not fixed;
3258 (ii) the termination point of the conveyance, routing, or transmission is not fixed; or
3259 (iii) the origination point described in Subsection (69)(a)(i) and the termination point
3260 described in Subsection (69)(a)(ii) are not fixed.
3261 (b) "Mobile wireless service" includes a telecommunications service that is provided
3262 by a commercial mobile radio service provider.
3263 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3264 commission may by rule define "commercial mobile radio service provider."
3265 (70) (a) Except as provided in Subsection (70)(c), "mobility enhancing equipment"
3266 means equipment that is:
3267 (i) primarily and customarily used to provide or increase the ability to move from one
3268 place to another;
3269 (ii) appropriate for use in a:
3270 (A) home; or
3271 (B) motor vehicle; and
3272 (iii) not generally used by persons with normal mobility.
3273 (b) "Mobility enhancing equipment" includes parts used in the repair or replacement of
3274 the equipment described in Subsection (70)(a).
3275 (c) "Mobility enhancing equipment" does not include:
3276 (i) a motor vehicle;
3277 (ii) equipment on a motor vehicle if that equipment is normally provided by the motor
3278 vehicle manufacturer;
3279 (iii) durable medical equipment; or
3280 (iv) a prosthetic device.
3281 (71) "Model 1 seller" means a seller registered under the agreement that has selected a
3282 certified service provider as the seller's agent to perform all of the seller's sales and use tax
3283 functions for agreement sales and use taxes other than the seller's obligation under Section
3284 59-12-124 to remit a tax on the seller's own purchases.
3285 (72) "Model 2 seller" means a seller registered under the agreement that:
3286 (a) except as provided in Subsection (72)(b), has selected a certified automated system
3287 to perform the seller's sales tax functions for agreement sales and use taxes; and
3288 (b) retains responsibility for remitting all of the sales tax:
3289 (i) collected by the seller; and
3290 (ii) to the appropriate local taxing jurisdiction.
3291 (73) (a) Subject to Subsection (73)(b), "model 3 seller" means a seller registered under
3292 the agreement that has:
3293 (i) sales in at least five states that are members of the agreement;
3294 (ii) total annual sales revenues of at least $500,000,000;
3295 (iii) a proprietary system that calculates the amount of tax:
3296 (A) for an agreement sales and use tax; and
3297 (B) due to each local taxing jurisdiction; and
3298 (iv) entered into a performance agreement with the governing board of the agreement.
3299 (b) For purposes of Subsection (73)(a), "model 3 seller" includes an affiliated group of
3300 sellers using the same proprietary system.
3301 (74) "Model 4 seller" means a seller that is registered under the agreement and is not a
3302 model 1 seller, model 2 seller, or model 3 seller.
3303 (75) "Modular home" means a modular unit as defined in Section 15A-1-302.
3304 (76) "Motor vehicle" is as defined in Section 41-1a-102.
3305 (77) "Oil sands" means impregnated bituminous sands that:
3306 (a) contain a heavy, thick form of petroleum that is released when heated, mixed with
3307 other hydrocarbons, or otherwise treated;
3308 (b) yield mixtures of liquid hydrocarbon; and
3309 (c) require further processing other than mechanical blending before becoming finished
3310 petroleum products.
3311 (78) "Oil shale" means a group of fine black to dark brown shales containing kerogen
3312 material that yields petroleum upon heating and distillation.
3313 (79) "Optional computer software maintenance contract" means a computer software
3314 maintenance contract that a customer is not obligated to purchase as a condition to the retail
3315 sale of computer software.
3316 (80) (a) "Other fuels" means products that burn independently to produce heat or
3317 energy.
3318 (b) "Other fuels" includes oxygen when it is used in the manufacturing of tangible
3319 personal property.
3320 (81) (a) "Paging service" means a telecommunications service that provides
3321 transmission of a coded radio signal for the purpose of activating a specific pager.
3322 (b) For purposes of Subsection (81)(a), the transmission of a coded radio signal
3323 includes a transmission by message or sound.
3324 (82) "Pawnbroker" is as defined in Section 13-32a-102.
3325 (83) "Pawn transaction" is as defined in Section 13-32a-102.
3326 (84) (a) "Permanently attached to real property" means that for tangible personal
3327 property attached to real property:
3328 (i) the attachment of the tangible personal property to the real property:
3329 (A) is essential to the use of the tangible personal property; and
3330 (B) suggests that the tangible personal property will remain attached to the real
3331 property in the same place over the useful life of the tangible personal property; or
3332 (ii) if the tangible personal property is detached from the real property, the detachment
3333 would:
3334 (A) cause substantial damage to the tangible personal property; or
3335 (B) require substantial alteration or repair of the real property to which the tangible
3336 personal property is attached.
3337 (b) "Permanently attached to real property" includes:
3338 (i) the attachment of an accessory to the tangible personal property if the accessory is:
3339 (A) essential to the operation of the tangible personal property; and
3340 (B) attached only to facilitate the operation of the tangible personal property;
3341 (ii) a temporary detachment of tangible personal property from real property for a
3342 repair or renovation if the repair or renovation is performed where the tangible personal
3343 property and real property are located; or
3344 (iii) property attached to oil, gas, or water pipelines, except for the property listed in
3345 Subsection (84)(c)(iii) or (iv).
3346 (c) "Permanently attached to real property" does not include:
3347 (i) the attachment of portable or movable tangible personal property to real property if
3348 that portable or movable tangible personal property is attached to real property only for:
3349 (A) convenience;
3350 (B) stability; or
3351 (C) for an obvious temporary purpose;
3352 (ii) the detachment of tangible personal property from real property except for the
3353 detachment described in Subsection (84)(b)(ii);
3354 (iii) an attachment of the following tangible personal property to real property if the
3355 attachment to real property is only through a line that supplies water, electricity, gas,
3356 telecommunications, cable, or supplies a similar item as determined by the commission by rule
3357 made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
3358 (A) a computer;
3359 (B) a telephone;
3360 (C) a television; or
3361 (D) tangible personal property similar to Subsections (84)(c)(iii)(A) through (C) as
3362 determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
3363 Administrative Rulemaking Act; or
3364 (iv) an item listed in Subsection (125)(c).
3365 (85) "Person" includes any individual, firm, partnership, joint venture, association,
3366 corporation, estate, trust, business trust, receiver, syndicate, this state, any county, city,
3367 municipality, district, or other local governmental entity of the state, or any group or
3368 combination acting as a unit.
3369 (86) "Place of primary use":
3370 (a) for telecommunications service other than mobile telecommunications service,
3371 means the street address representative of where the customer's use of the telecommunications
3372 service primarily occurs, which shall be:
3373 (i) the residential street address of the customer; or
3374 (ii) the primary business street address of the customer; or
3375 (b) for mobile telecommunications service, is as defined in the Mobile
3376 Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
3377 (87) (a) "Postpaid calling service" means a telecommunications service a person
3378 obtains by making a payment on a call-by-call basis:
3379 (i) through the use of a:
3380 (A) bank card;
3381 (B) credit card;
3382 (C) debit card; or
3383 (D) travel card; or
3384 (ii) by a charge made to a telephone number that is not associated with the origination
3385 or termination of the telecommunications service.
3386 (b) "Postpaid calling service" includes a service, except for a prepaid wireless calling
3387 service, that would be a prepaid wireless calling service if the service were exclusively a
3388 telecommunications service.
3389 (88) "Postproduction" means an activity related to the finishing or duplication of a
3390 medium described in Subsection 59-12-104(54)(a).
3391 (89) "Prepaid calling service" means a telecommunications service:
3392 (a) that allows a purchaser access to telecommunications service that is exclusively
3393 telecommunications service;
3394 (b) that:
3395 (i) is paid for in advance; and
3396 (ii) enables the origination of a call using an:
3397 (A) access number; or
3398 (B) authorization code;
3399 (c) that is dialed:
3400 (i) manually; or
3401 (ii) electronically; and
3402 (d) sold in predetermined units or dollars that decline:
3403 (i) by a known amount; and
3404 (ii) with use.
3405 (90) "Prepaid wireless calling service" means a telecommunications service:
3406 (a) that provides the right to utilize:
3407 (i) mobile wireless service; and
3408 (ii) other service that is not a telecommunications service, including:
3409 (A) the download of a product transferred electronically;
3410 (B) a content service; or
3411 (C) an ancillary service;
3412 (b) that:
3413 (i) is paid for in advance; and
3414 (ii) enables the origination of a call using an:
3415 (A) access number; or
3416 (B) authorization code;
3417 (c) that is dialed:
3418 (i) manually; or
3419 (ii) electronically; and
3420 (d) sold in predetermined units or dollars that decline:
3421 (i) by a known amount; and
3422 (ii) with use.
3423 (91) (a) "Prepared food" means:
3424 (i) food:
3425 (A) sold in a heated state; or
3426 (B) heated by a seller;
3427 (ii) two or more food ingredients mixed or combined by the seller for sale as a single
3428 item; or
3429 (iii) except as provided in Subsection (91)(c), food sold with an eating utensil provided
3430 by the seller, including a:
3431 (A) plate;
3432 (B) knife;
3433 (C) fork;
3434 (D) spoon;
3435 (E) glass;
3436 (F) cup;
3437 (G) napkin; or
3438 (H) straw.
3439 (b) "Prepared food" does not include:
3440 (i) food that a seller only:
3441 (A) cuts;
3442 (B) repackages; or
3443 (C) pasteurizes; or
3444 (ii) (A) the following:
3445 (I) raw egg;
3446 (II) raw fish;
3447 (III) raw meat;
3448 (IV) raw poultry; or
3449 (V) a food containing an item described in Subsections (91)(b)(ii)(A)(I) through (IV);
3450 and
3451 (B) if the Food and Drug Administration recommends in Chapter 3, Part 401.11 of the
3452 Food and Drug Administration's Food Code that a consumer cook the items described in
3453 Subsection (91)(b)(ii)(A) to prevent food borne illness; or
3454 (iii) the following if sold without eating utensils provided by the seller:
3455 (A) food and food ingredients sold by a seller if the seller's proper primary
3456 classification under the 2002 North American Industry Classification System of the federal
3457 Executive Office of the President, Office of Management and Budget, is manufacturing in
3458 Sector 311, Food Manufacturing, except for Subsector 3118, Bakeries and Tortilla
3459 Manufacturing;
3460 (B) food and food ingredients sold in an unheated state:
3461 (I) by weight or volume; and
3462 (II) as a single item; or
3463 (C) a bakery item, including:
3464 (I) a bagel;
3465 (II) a bar;
3466 (III) a biscuit;
3467 (IV) bread;
3468 (V) a bun;
3469 (VI) a cake;
3470 (VII) a cookie;
3471 (VIII) a croissant;
3472 (IX) a danish;
3473 (X) a donut;
3474 (XI) a muffin;
3475 (XII) a pastry;
3476 (XIII) a pie;
3477 (XIV) a roll;
3478 (XV) a tart;
3479 (XVI) a torte; or
3480 (XVII) a tortilla.
3481 (c) An eating utensil provided by the seller does not include the following used to
3482 transport the food:
3483 (i) a container; or
3484 (ii) packaging.
3485 (92) "Prescription" means an order, formula, or recipe that is issued:
3486 (a) (i) orally;
3487 (ii) in writing;
3488 (iii) electronically; or
3489 (iv) by any other manner of transmission; and
3490 (b) by a licensed practitioner authorized by the laws of a state.
3491 (93) (a) Except as provided in Subsection (93)(b)(ii) or (iii), "prewritten computer
3492 software" means computer software that is not designed and developed:
3493 (i) by the author or other creator of the computer software; and
3494 (ii) to the specifications of a specific purchaser.
3495 (b) "Prewritten computer software" includes:
3496 (i) a prewritten upgrade to computer software if the prewritten upgrade to the computer
3497 software is not designed and developed:
3498 (A) by the author or other creator of the computer software; and
3499 (B) to the specifications of a specific purchaser;
3500 (ii) computer software designed and developed by the author or other creator of the
3501 computer software to the specifications of a specific purchaser if the computer software is sold
3502 to a person other than the purchaser; or
3503 (iii) except as provided in Subsection (93)(c), prewritten computer software or a
3504 prewritten portion of prewritten computer software:
3505 (A) that is modified or enhanced to any degree; and
3506 (B) if the modification or enhancement described in Subsection (93)(b)(iii)(A) is
3507 designed and developed to the specifications of a specific purchaser.
3508 (c) "Prewritten computer software" does not include a modification or enhancement
3509 described in Subsection (93)(b)(iii) if the charges for the modification or enhancement are:
3510 (i) reasonable; and
3511 (ii) subject to Subsections 59-12-103(2)(e)(ii) and (2)(f)(i), separately stated on the
3512 invoice or other statement of price provided to the purchaser at the time of sale or later, as
3513 demonstrated by:
3514 (A) the books and records the seller keeps at the time of the transaction in the regular
3515 course of business, including books and records the seller keeps at the time of the transaction in
3516 the regular course of business for nontax purposes;
3517 (B) a preponderance of the facts and circumstances at the time of the transaction; and
3518 (C) the understanding of all of the parties to the transaction.
3519 (94) (a) "Private communications service" means a telecommunications service:
3520 (i) that entitles a customer to exclusive or priority use of one or more communications
3521 channels between or among termination points; and
3522 (ii) regardless of the manner in which the one or more communications channels are
3523 connected.
3524 (b) "Private communications service" includes the following provided in connection
3525 with the use of one or more communications channels:
3526 (i) an extension line;
3527 (ii) a station;
3528 (iii) switching capacity; or
3529 (iv) another associated service that is provided in connection with the use of one or
3530 more communications channels as defined in Section 59-12-215.
3531 (95) (a) Except as provided in Subsection (95)(b), "product transferred electronically"
3532 means a product transferred electronically that would be subject to a tax under this chapter if
3533 that product was transferred in a manner other than electronically.
3534 (b) "Product transferred electronically" does not include:
3535 (i) an ancillary service;
3536 (ii) computer software; or
3537 (iii) a telecommunications service.
3538 (96) (a) "Prosthetic device" means a device that is worn on or in the body to:
3539 (i) artificially replace a missing portion of the body;
3540 (ii) prevent or correct a physical deformity or physical malfunction; or
3541 (iii) support a weak or deformed portion of the body.
3542 (b) "Prosthetic device" includes:
3543 (i) parts used in the repairs or renovation of a prosthetic device;
3544 (ii) replacement parts for a prosthetic device;
3545 (iii) a dental prosthesis; or
3546 (iv) a hearing aid.
3547 (c) "Prosthetic device" does not include:
3548 (i) corrective eyeglasses; or
3549 (ii) contact lenses.
3550 (97) (a) "Protective equipment" means an item:
3551 (i) for human wear; and
3552 (ii) that is:
3553 (A) designed as protection:
3554 (I) to the wearer against injury or disease; or
3555 (II) against damage or injury of other persons or property; and
3556 (B) not suitable for general use.
3557 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3558 commission shall make rules:
3559 (i) listing the items that constitute "protective equipment"; and
3560 (ii) that are consistent with the list of items that constitute "protective equipment"
3561 under the agreement.
3562 (98) (a) For purposes of Subsection 59-12-104(41), "publication" means any written or
3563 printed matter, other than a photocopy:
3564 (i) regardless of:
3565 (A) characteristics;
3566 (B) copyright;
3567 (C) form;
3568 (D) format;
3569 (E) method of reproduction; or
3570 (F) source; and
3571 (ii) made available in printed or electronic format.
3572 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3573 commission may by rule define the term "photocopy."
3574 (99) (a) "Purchase price" and "sales price" mean the total amount of consideration:
3575 (i) valued in money; and
3576 (ii) for which tangible personal property, a product transferred electronically, or
3577 services are:
3578 (A) sold;
3579 (B) leased; or
3580 (C) rented.
3581 (b) "Purchase price" and "sales price" include:
3582 (i) the seller's cost of the tangible personal property, a product transferred
3583 electronically, or services sold;
3584 (ii) expenses of the seller, including:
3585 (A) the cost of materials used;
3586 (B) a labor cost;
3587 (C) a service cost;
3588 (D) interest;
3589 (E) a loss;
3590 (F) the cost of transportation to the seller; or
3591 (G) a tax imposed on the seller;
3592 (iii) a charge by the seller for any service necessary to complete the sale; or
3593 (iv) consideration a seller receives from a person other than the purchaser if:
3594 (A) (I) the seller actually receives consideration from a person other than the purchaser;
3595 and
3596 (II) the consideration described in Subsection (99)(b)(iv)(A)(I) is directly related to a
3597 price reduction or discount on the sale;
3598 (B) the seller has an obligation to pass the price reduction or discount through to the
3599 purchaser;
3600 (C) the amount of the consideration attributable to the sale is fixed and determinable by
3601 the seller at the time of the sale to the purchaser; and
3602 (D) (I) (Aa) the purchaser presents a certificate, coupon, or other documentation to the
3603 seller to claim a price reduction or discount; and
3604 (Bb) a person other than the seller authorizes, distributes, or grants the certificate,
3605 coupon, or other documentation with the understanding that the person other than the seller
3606 will reimburse any seller to whom the certificate, coupon, or other documentation is presented;
3607 (II) the purchaser identifies that purchaser to the seller as a member of a group or
3608 organization allowed a price reduction or discount, except that a preferred customer card that is
3609 available to any patron of a seller does not constitute membership in a group or organization
3610 allowed a price reduction or discount; or
3611 (III) the price reduction or discount is identified as a third party price reduction or
3612 discount on the:
3613 (Aa) invoice the purchaser receives; or
3614 (Bb) certificate, coupon, or other documentation the purchaser presents.
3615 (c) "Purchase price" and "sales price" do not include:
3616 (i) a discount:
3617 (A) in a form including:
3618 (I) cash;
3619 (II) term; or
3620 (III) coupon;
3621 (B) that is allowed by a seller;
3622 (C) taken by a purchaser on a sale; and
3623 (D) that is not reimbursed by a third party; or
3624 (ii) subject to Subsections 59-12-103(2)(e)(ii) and (2)(f)(i), the following if separately
3625 stated on an invoice, bill of sale, or similar document provided to the purchaser at the time of
3626 sale or later, as demonstrated by the books and records the seller keeps at the time of the
3627 transaction in the regular course of business, including books and records the seller keeps at the
3628 time of the transaction in the regular course of business for nontax purposes, by a
3629 preponderance of the facts and circumstances at the time of the transaction, and by the
3630 understanding of all of the parties to the transaction:
3631 (A) the following from credit extended on the sale of tangible personal property or
3632 services:
3633 (I) a carrying charge;
3634 (II) a financing charge; or
3635 (III) an interest charge;
3636 (B) a delivery charge;
3637 (C) an installation charge;
3638 (D) a manufacturer rebate on a motor vehicle; or
3639 (E) a tax or fee legally imposed directly on the consumer.
3640 (100) "Purchaser" means a person to whom:
3641 (a) a sale of tangible personal property is made;
3642 (b) a product is transferred electronically; or
3643 (c) a service is furnished.
3644 (101) "Qualifying enterprise data center" means an establishment that will:
3645 (a) own and operate a data center facility that will house a group of networked server
3646 computers in one physical location in order to centralize the dissemination, management, and
3647 storage of data and information;
3648 (b) be located in the state;
3649 (c) be a new operation constructed on or after July 1, 2016;
3650 (d) consist of one or more buildings that total 150,000 or more square feet;
3651 (e) be owned or leased by:
3652 (i) the establishment; or
3653 (ii) a person under common ownership, as defined in Section 59-7-101, of the
3654 establishment; and
3655 (f) be located on one or more parcels of land that are owned or leased by:
3656 (i) the establishment; or
3657 (ii) a person under common ownership, as defined in Section 59-7-101, of the
3658 establishment.
3659 (102) "Regularly rented" means:
3660 (a) rented to a guest for value three or more times during a calendar year; or
3661 (b) advertised or held out to the public as a place that is regularly rented to guests for
3662 value.
3663 (103) "Rental" is as defined in Subsection (59).
3664 (104) (a) Except as provided in Subsection (104)(b), "repairs or renovations of tangible
3665 personal property" means:
3666 (i) a repair or renovation of tangible personal property that is not permanently attached
3667 to real property; or
3668 (ii) attaching tangible personal property or a product transferred electronically to other
3669 tangible personal property or detaching tangible personal property or a product transferred
3670 electronically from other tangible personal property if:
3671 (A) the other tangible personal property to which the tangible personal property or
3672 product transferred electronically is attached or from which the tangible personal property or
3673 product transferred electronically is detached is not permanently attached to real property; and
3674 (B) the attachment of tangible personal property or a product transferred electronically
3675 to other tangible personal property or detachment of tangible personal property or a product
3676 transferred electronically from other tangible personal property is made in conjunction with a
3677 repair or replacement of tangible personal property or a product transferred electronically.
3678 (b) "Repairs or renovations of tangible personal property" does not include:
3679 (i) attaching prewritten computer software to other tangible personal property if the
3680 other tangible personal property to which the prewritten computer software is attached is not
3681 permanently attached to real property; or
3682 (ii) detaching prewritten computer software from other tangible personal property if the
3683 other tangible personal property from which the prewritten computer software is detached is
3684 not permanently attached to real property.
3685 (105) "Research and development" means the process of inquiry or experimentation
3686 aimed at the discovery of facts, devices, technologies, or applications and the process of
3687 preparing those devices, technologies, or applications for marketing.
3688 (106) (a) "Residential telecommunications services" means a telecommunications
3689 service or an ancillary service that is provided to an individual for personal use:
3690 (i) at a residential address; or
3691 (ii) at an institution, including a nursing home or a school, if the telecommunications
3692 service or ancillary service is provided to and paid for by the individual residing at the
3693 institution rather than the institution.
3694 (b) For purposes of Subsection (106)(a)(i), a residential address includes an:
3695 (i) apartment; or
3696 (ii) other individual dwelling unit.
3697 (107) "Residential use" means the use in or around a home, apartment building,
3698 sleeping quarters, and similar facilities or accommodations.
3699 (108) "Retail sale" or "sale at retail" means a sale, lease, or rental for a purpose other
3700 than:
3701 (a) resale;
3702 (b) sublease; or
3703 (c) subrent.
3704 (109) (a) "Retailer" means any person engaged in a regularly organized business in
3705 tangible personal property or any other taxable transaction under Subsection 59-12-103(1), and
3706 who is selling to the user or consumer and not for resale.
3707 (b) "Retailer" includes commission merchants, auctioneers, and any person regularly
3708 engaged in the business of selling to users or consumers within the state.
3709 (110) (a) "Sale" means any transfer of title, exchange, or barter, conditional or
3710 otherwise, in any manner, of tangible personal property or any other taxable transaction under
3711 Subsection 59-12-103(1), for consideration.
3712 (b) "Sale" includes:
3713 (i) installment and credit sales;
3714 (ii) any closed transaction constituting a sale;
3715 (iii) any sale of electrical energy, gas, services, or entertainment taxable under this
3716 chapter;
3717 (iv) any transaction if the possession of property is transferred but the seller retains the
3718 title as security for the payment of the price; and
3719 (v) any transaction under which right to possession, operation, or use of any article of
3720 tangible personal property is granted under a lease or contract and the transfer of possession
3721 would be taxable if an outright sale were made.
3722 (111) "Sale at retail" is as defined in Subsection (108).
3723 (112) "Sale-leaseback transaction" means a transaction by which title to tangible
3724 personal property or a product transferred electronically that is subject to a tax under this
3725 chapter is transferred:
3726 (a) by a purchaser-lessee;
3727 (b) to a lessor;
3728 (c) for consideration; and
3729 (d) if:
3730 (i) the purchaser-lessee paid sales and use tax on the purchaser-lessee's initial purchase
3731 of the tangible personal property or product transferred electronically;
3732 (ii) the sale of the tangible personal property or product transferred electronically to the
3733 lessor is intended as a form of financing:
3734 (A) for the tangible personal property or product transferred electronically; and
3735 (B) to the purchaser-lessee; and
3736 (iii) in accordance with generally accepted accounting principles, the purchaser-lessee
3737 is required to:
3738 (A) capitalize the tangible personal property or product transferred electronically for
3739 financial reporting purposes; and
3740 (B) account for the lease payments as payments made under a financing arrangement.
3741 (113) "Sales price" is as defined in Subsection (99).
3742 (114) (a) "Sales relating to schools" means the following sales by, amounts paid to, or
3743 amounts charged by a school:
3744 (i) sales that are directly related to the school's educational functions or activities
3745 including:
3746 (A) the sale of:
3747 (I) textbooks;
3748 (II) textbook fees;
3749 (III) laboratory fees;
3750 (IV) laboratory supplies; or
3751 (V) safety equipment;
3752 (B) the sale of a uniform, protective equipment, or sports or recreational equipment
3753 that:
3754 (I) a student is specifically required to wear as a condition of participation in a
3755 school-related event or school-related activity; and
3756 (II) is not readily adaptable to general or continued usage to the extent that it takes the
3757 place of ordinary clothing;
3758 (C) sales of the following if the net or gross revenues generated by the sales are
3759 deposited into a school district fund or school fund dedicated to school meals:
3760 (I) food and food ingredients; or
3761 (II) prepared food; or
3762 (D) transportation charges for official school activities; or
3763 (ii) amounts paid to or amounts charged by a school for admission to a school-related
3764 event or school-related activity.
3765 (b) "Sales relating to schools" does not include:
3766 (i) bookstore sales of items that are not educational materials or supplies;
3767 (ii) except as provided in Subsection (114)(a)(i)(B):
3768 (A) clothing;
3769 (B) clothing accessories or equipment;
3770 (C) protective equipment; or
3771 (D) sports or recreational equipment; or
3772 (iii) amounts paid to or amounts charged by a school for admission to a school-related
3773 event or school-related activity if the amounts paid or charged are passed through to a person:
3774 (A) other than a:
3775 (I) school;
3776 (II) nonprofit organization authorized by a school board or a governing body of a
3777 private school to organize and direct a competitive secondary school activity; or
3778 (III) nonprofit association authorized by a school board or a governing body of a
3779 private school to organize and direct a competitive secondary school activity; and
3780 (B) that is required to collect sales and use taxes under this chapter.
3781 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3782 commission may make rules defining the term "passed through."
3783 (115) For purposes of this section and Section 59-12-104, "school":
3784 (a) means:
3785 (i) an elementary school or a secondary school that:
3786 (A) is a:
3787 (I) public school; or
3788 (II) private school; and
3789 (B) provides instruction for one or more grades kindergarten through 12; or
3790 (ii) a public school district; and
3791 (b) includes the Electronic High School as defined in Section 53A-15-1002.
3792 (116) "Seller" means a person that makes a sale, lease, or rental of:
3793 (a) tangible personal property;
3794 (b) a product transferred electronically; or
3795 (c) a service.
3796 (117) (a) "Semiconductor fabricating, processing, research, or development materials"
3797 means tangible personal property or a product transferred electronically if the tangible personal
3798 property or product transferred electronically is:
3799 (i) used primarily in the process of:
3800 (A) (I) manufacturing a semiconductor;
3801 (II) fabricating a semiconductor; or
3802 (III) research or development of a:
3803 (Aa) semiconductor; or
3804 (Bb) semiconductor manufacturing process; or
3805 (B) maintaining an environment suitable for a semiconductor; or
3806 (ii) consumed primarily in the process of:
3807 (A) (I) manufacturing a semiconductor;
3808 (II) fabricating a semiconductor; or
3809 (III) research or development of a:
3810 (Aa) semiconductor; or
3811 (Bb) semiconductor manufacturing process; or
3812 (B) maintaining an environment suitable for a semiconductor.
3813 (b) "Semiconductor fabricating, processing, research, or development materials"
3814 includes:
3815 (i) parts used in the repairs or renovations of tangible personal property or a product
3816 transferred electronically described in Subsection (117)(a); or
3817 (ii) a chemical, catalyst, or other material used to:
3818 (A) produce or induce in a semiconductor a:
3819 (I) chemical change; or
3820 (II) physical change;
3821 (B) remove impurities from a semiconductor; or
3822 (C) improve the marketable condition of a semiconductor.
3823 (118) "Senior citizen center" means a facility having the primary purpose of providing
3824 services to the aged as defined in Section 62A-3-101.
3825 (119) (a) Subject to Subsections (119)(b) and (c), "short-term lodging consumable"
3826 means tangible personal property that:
3827 (i) a business that provides accommodations and services described in Subsection
3828 59-12-103(1)(i) purchases as part of a transaction to provide the accommodations and services
3829 to a purchaser;
3830 (ii) is intended to be consumed by the purchaser; and
3831 (iii) is:
3832 (A) included in the purchase price of the accommodations and services; and
3833 (B) not separately stated on an invoice, bill of sale, or other similar document provided
3834 to the purchaser.
3835 (b) "Short-term lodging consumable" includes:
3836 (i) a beverage;
3837 (ii) a brush or comb;
3838 (iii) a cosmetic;
3839 (iv) a hair care product;
3840 (v) lotion;
3841 (vi) a magazine;
3842 (vii) makeup;
3843 (viii) a meal;
3844 (ix) mouthwash;
3845 (x) nail polish remover;
3846 (xi) a newspaper;
3847 (xii) a notepad;
3848 (xiii) a pen;
3849 (xiv) a pencil;
3850 (xv) a razor;
3851 (xvi) saline solution;
3852 (xvii) a sewing kit;
3853 (xviii) shaving cream;
3854 (xix) a shoe shine kit;
3855 (xx) a shower cap;
3856 (xxi) a snack item;
3857 (xxii) soap;
3858 (xxiii) toilet paper;
3859 (xxiv) a toothbrush;
3860 (xxv) toothpaste; or
3861 (xxvi) an item similar to Subsections (119)(b)(i) through (xxv) as the commission may
3862 provide by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
3863 Rulemaking Act.
3864 (c) "Short-term lodging consumable" does not include:
3865 (i) tangible personal property that is cleaned or washed to allow the tangible personal
3866 property to be reused; or
3867 (ii) a product transferred electronically.
3868 (120) "Simplified electronic return" means the electronic return:
3869 (a) described in Section 318(C) of the agreement; and
3870 (b) approved by the governing board of the agreement.
3871 (121) "Solar energy" means the sun used as the sole source of energy for producing
3872 electricity.
3873 (122) (a) "Sports or recreational equipment" means an item:
3874 (i) designed for human use; and
3875 (ii) that is:
3876 (A) worn in conjunction with:
3877 (I) an athletic activity; or
3878 (II) a recreational activity; and
3879 (B) not suitable for general use.
3880 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3881 commission shall make rules:
3882 (i) listing the items that constitute "sports or recreational equipment"; and
3883 (ii) that are consistent with the list of items that constitute "sports or recreational
3884 equipment" under the agreement.
3885 (123) "State" means the state of Utah, its departments, and agencies.
3886 (124) "Storage" means any keeping or retention of tangible personal property or any
3887 other taxable transaction under Subsection 59-12-103(1), in this state for any purpose except
3888 sale in the regular course of business.
3889 (125) (a) Except as provided in Subsection (125)(d) or (e), "tangible personal property"
3890 means personal property that:
3891 (i) may be:
3892 (A) seen;
3893 (B) weighed;
3894 (C) measured;
3895 (D) felt; or
3896 (E) touched; or
3897 (ii) is in any manner perceptible to the senses.
3898 (b) "Tangible personal property" includes:
3899 (i) electricity;
3900 (ii) water;
3901 (iii) gas;
3902 (iv) steam; or
3903 (v) prewritten computer software, regardless of the manner in which the prewritten
3904 computer software is transferred.
3905 (c) "Tangible personal property" includes the following regardless of whether the item
3906 is attached to real property:
3907 (i) a dishwasher;
3908 (ii) a dryer;
3909 (iii) a freezer;
3910 (iv) a microwave;
3911 (v) a refrigerator;
3912 (vi) a stove;
3913 (vii) a washer; or
3914 (viii) an item similar to Subsections (125)(c)(i) through (vii) as determined by the
3915 commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
3916 Rulemaking Act.
3917 (d) "Tangible personal property" does not include a product that is transferred
3918 electronically.
3919 (e) "Tangible personal property" does not include the following if attached to real
3920 property, regardless of whether the attachment to real property is only through a line that
3921 supplies water, electricity, gas, telephone, cable, or supplies a similar item as determined by the
3922 commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
3923 Rulemaking Act:
3924 (i) a hot water heater;
3925 (ii) a water filtration system; or
3926 (iii) a water softener system.
3927 (126) (a) "Telecommunications enabling or facilitating equipment, machinery, or
3928 software" means an item listed in Subsection (126)(b) if that item is purchased or leased
3929 primarily to enable or facilitate one or more of the following to function:
3930 (i) telecommunications switching or routing equipment, machinery, or software; or
3931 (ii) telecommunications transmission equipment, machinery, or software.
3932 (b) The following apply to Subsection (126)(a):
3933 (i) a pole;
3934 (ii) software;
3935 (iii) a supplementary power supply;
3936 (iv) temperature or environmental equipment or machinery;
3937 (v) test equipment;
3938 (vi) a tower; or
3939 (vii) equipment, machinery, or software that functions similarly to an item listed in
3940 Subsections (126)(b)(i) through (vi) as determined by the commission by rule made in
3941 accordance with Subsection (126)(c).
3942 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3943 commission may by rule define what constitutes equipment, machinery, or software that
3944 functions similarly to an item listed in Subsections (126)(b)(i) through (vi).
3945 (127) "Telecommunications equipment, machinery, or software required for 911
3946 service" means equipment, machinery, or software that is required to comply with 47 C.F.R.
3947 Sec. 20.18.
3948 (128) "Telecommunications maintenance or repair equipment, machinery, or software"
3949 means equipment, machinery, or software purchased or leased primarily to maintain or repair
3950 one or more of the following, regardless of whether the equipment, machinery, or software is
3951 purchased or leased as a spare part or as an upgrade or modification to one or more of the
3952 following:
3953 (a) telecommunications enabling or facilitating equipment, machinery, or software;
3954 (b) telecommunications switching or routing equipment, machinery, or software; or
3955 (c) telecommunications transmission equipment, machinery, or software.
3956 (129) (a) "Telecommunications service" means the electronic conveyance, routing, or
3957 transmission of audio, data, video, voice, or any other information or signal to a point, or
3958 among or between points.
3959 (b) "Telecommunications service" includes:
3960 (i) an electronic conveyance, routing, or transmission with respect to which a computer
3961 processing application is used to act:
3962 (A) on the code, form, or protocol of the content;
3963 (B) for the purpose of electronic conveyance, routing, or transmission; and
3964 (C) regardless of whether the service:
3965 (I) is referred to as voice over Internet protocol service; or
3966 (II) is classified by the Federal Communications Commission as enhanced or value
3967 added;
3968 (ii) an 800 service;
3969 (iii) a 900 service;
3970 (iv) a fixed wireless service;
3971 (v) a mobile wireless service;
3972 (vi) a postpaid calling service;
3973 (vii) a prepaid calling service;
3974 (viii) a prepaid wireless calling service; or
3975 (ix) a private communications service.
3976 (c) "Telecommunications service" does not include:
3977 (i) advertising, including directory advertising;
3978 (ii) an ancillary service;
3979 (iii) a billing and collection service provided to a third party;
3980 (iv) a data processing and information service if:
3981 (A) the data processing and information service allows data to be:
3982 (I) (Aa) acquired;
3983 (Bb) generated;
3984 (Cc) processed;
3985 (Dd) retrieved; or
3986 (Ee) stored; and
3987 (II) delivered by an electronic transmission to a purchaser; and
3988 (B) the purchaser's primary purpose for the underlying transaction is the processed data
3989 or information;
3990 (v) installation or maintenance of the following on a customer's premises:
3991 (A) equipment; or
3992 (B) wiring;
3993 (vi) Internet access service;
3994 (vii) a paging service;
3995 (viii) a product transferred electronically, including:
3996 (A) music;
3997 (B) reading material;
3998 (C) a ring tone;
3999 (D) software; or
4000 (E) video;
4001 (ix) a radio and television audio and video programming service:
4002 (A) regardless of the medium; and
4003 (B) including:
4004 (I) furnishing conveyance, routing, or transmission of a television audio and video
4005 programming service by a programming service provider;
4006 (II) cable service as defined in 47 U.S.C. Sec. 522(6); or
4007 (III) audio and video programming services delivered by a commercial mobile radio
4008 service provider as defined in 47 C.F.R. Sec. 20.3;
4009 (x) a value-added nonvoice data service; or
4010 (xi) tangible personal property.
4011 (130) (a) "Telecommunications service provider" means a person that:
4012 (i) owns, controls, operates, or manages a telecommunications service; and
4013 (ii) engages in an activity described in Subsection (130)(a)(i) for the shared use with or
4014 resale to any person of the telecommunications service.
4015 (b) A person described in Subsection (130)(a) is a telecommunications service provider
4016 whether or not the Public Service Commission of Utah regulates:
4017 (i) that person; or
4018 (ii) the telecommunications service that the person owns, controls, operates, or
4019 manages.
4020 (131) (a) "Telecommunications switching or routing equipment, machinery, or
4021 software" means an item listed in Subsection (131)(b) if that item is purchased or leased
4022 primarily for switching or routing:
4023 (i) an ancillary service;
4024 (ii) data communications;
4025 (iii) voice communications; or
4026 (iv) telecommunications service.
4027 (b) The following apply to Subsection (131)(a):
4028 (i) a bridge;
4029 (ii) a computer;
4030 (iii) a cross connect;
4031 (iv) a modem;
4032 (v) a multiplexer;
4033 (vi) plug in circuitry;
4034 (vii) a router;
4035 (viii) software;
4036 (ix) a switch; or
4037 (x) equipment, machinery, or software that functions similarly to an item listed in
4038 Subsections (131)(b)(i) through (ix) as determined by the commission by rule made in
4039 accordance with Subsection (131)(c).
4040 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4041 commission may by rule define what constitutes equipment, machinery, or software that
4042 functions similarly to an item listed in Subsections (131)(b)(i) through (ix).
4043 (132) (a) "Telecommunications transmission equipment, machinery, or software"
4044 means an item listed in Subsection (132)(b) if that item is purchased or leased primarily for
4045 sending, receiving, or transporting:
4046 (i) an ancillary service;
4047 (ii) data communications;
4048 (iii) voice communications; or
4049 (iv) telecommunications service.
4050 (b) The following apply to Subsection (132)(a):
4051 (i) an amplifier;
4052 (ii) a cable;
4053 (iii) a closure;
4054 (iv) a conduit;
4055 (v) a controller;
4056 (vi) a duplexer;
4057 (vii) a filter;
4058 (viii) an input device;
4059 (ix) an input/output device;
4060 (x) an insulator;
4061 (xi) microwave machinery or equipment;
4062 (xii) an oscillator;
4063 (xiii) an output device;
4064 (xiv) a pedestal;
4065 (xv) a power converter;
4066 (xvi) a power supply;
4067 (xvii) a radio channel;
4068 (xviii) a radio receiver;
4069 (xix) a radio transmitter;
4070 (xx) a repeater;
4071 (xxi) software;
4072 (xxii) a terminal;
4073 (xxiii) a timing unit;
4074 (xxiv) a transformer;
4075 (xxv) a wire; or
4076 (xxvi) equipment, machinery, or software that functions similarly to an item listed in
4077 Subsections (132)(b)(i) through (xxv) as determined by the commission by rule made in
4078 accordance with Subsection (132)(c).
4079 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4080 commission may by rule define what constitutes equipment, machinery, or software that
4081 functions similarly to an item listed in Subsections (132)(b)(i) through (xxv).
4082 (133) (a) "Textbook for a higher education course" means a textbook or other printed
4083 material that is required for a course:
4084 (i) offered by an institution of higher education; and
4085 (ii) that the purchaser of the textbook or other printed material attends or will attend.
4086 (b) "Textbook for a higher education course" includes a textbook in electronic format.
4087 (134) "Tobacco" means:
4088 (a) a cigarette;
4089 (b) a cigar;
4090 (c) chewing tobacco;
4091 (d) pipe tobacco; or
4092 (e) any other item that contains tobacco.
4093 (135) "Unassisted amusement device" means an amusement device, skill device, or
4094 ride device that is started and stopped by the purchaser or renter of the right to use or operate
4095 the amusement device, skill device, or ride device.
4096 (136) (a) "Use" means the exercise of any right or power over tangible personal
4097 property, a product transferred electronically, or a service under Subsection 59-12-103(1),
4098 incident to the ownership or the leasing of that tangible personal property, product transferred
4099 electronically, or service.
4100 (b) "Use" does not include the sale, display, demonstration, or trial of tangible personal
4101 property, a product transferred electronically, or a service in the regular course of business and
4102 held for resale.
4103 (137) "Value-added nonvoice data service" means a service:
4104 (a) that otherwise meets the definition of a telecommunications service except that a
4105 computer processing application is used to act primarily for a purpose other than conveyance,
4106 routing, or transmission; and
4107 (b) with respect to which a computer processing application is used to act on data or
4108 information:
4109 (i) code;
4110 (ii) content;
4111 (iii) form; or
4112 (iv) protocol.
4113 (138) (a) Subject to Subsection (138)(b), "vehicle" means the following that are
4114 required to be titled, registered, or titled and registered:
4115 (i) an aircraft as defined in Section 72-10-102;
4116 (ii) a vehicle as defined in Section 41-1a-102;
4117 (iii) an off-highway vehicle as defined in Section 41-22-2; or
4118 (iv) a vessel as defined in Section 41-1a-102.
4119 (b) For purposes of Subsection 59-12-104(33) only, "vehicle" includes:
4120 (i) a vehicle described in Subsection (138)(a); or
4121 (ii) (A) a locomotive;
4122 (B) a freight car;
4123 (C) railroad work equipment; or
4124 (D) other railroad rolling stock.
4125 (139) "Vehicle dealer" means a person engaged in the business of buying, selling, or
4126 exchanging a vehicle as defined in Subsection (138).
4127 (140) (a) "Vertical service" means an ancillary service that:
4128 (i) is offered in connection with one or more telecommunications services; and
4129 (ii) offers an advanced calling feature that allows a customer to:
4130 (A) identify a caller; and
4131 (B) manage multiple calls and call connections.
4132 (b) "Vertical service" includes an ancillary service that allows a customer to manage a
4133 conference bridging service.
4134 (141) (a) "Voice mail service" means an ancillary service that enables a customer to
4135 receive, send, or store a recorded message.
4136 (b) "Voice mail service" does not include a vertical service that a customer is required
4137 to have in order to utilize a voice mail service.
4138 (142) (a) Except as provided in Subsection (142)(b), "waste energy facility" means a
4139 facility that generates electricity:
4140 (i) using as the primary source of energy waste materials that would be placed in a
4141 landfill or refuse pit if it were not used to generate electricity, including:
4142 (A) tires;
4143 (B) waste coal;
4144 (C) oil shale; or
4145 (D) municipal solid waste; and
4146 (ii) in amounts greater than actually required for the operation of the facility.
4147 (b) "Waste energy facility" does not include a facility that incinerates:
4148 (i) hospital waste as defined in 40 C.F.R. 60.51c; or
4149 (ii) medical/infectious waste as defined in 40 C.F.R. 60.51c.
4150 (143) "Watercraft" means a vessel as defined in Section 73-18-2.
4151 (144) "Wind energy" means wind used as the sole source of energy to produce
4152 electricity.
4153 (145) "ZIP Code" means a Zoning Improvement Plan Code assigned to a geographic
4154 location by the United States Postal Service.
4155 Section 58. Section 59-12-702 is amended to read:
4156 59-12-702. Definitions.
4157 As used in this part:
4158 (1) "Administrative unit" means a division of a private nonprofit organization or
4159 institution that:
4160 (a) would, if it were a separate entity, be a botanical organization or cultural
4161 organization; and
4162 (b) consistently maintains books and records separate from those of its parent
4163 organization.
4164 (2) "Aquarium" means a park or building where a collection of water animals and
4165 plants is kept for study, conservation, and public exhibition.
4166 (3) "Aviary" means a park or building where a collection of birds is kept for study,
4167 conservation, and public exhibition.
4168 (4) "Botanical organization" means:
4169 (a) a private nonprofit organization or institution having as its primary purpose the
4170 advancement and preservation of plant science through horticultural display, botanical
4171 research, and community education; or
4172 (b) an administrative unit.
4173 (5) "Cultural facility" means the same as that term is defined in Section 59-12-602.
4174 (6) (a) "Cultural organization":
4175 (i) means:
4176 (A) a private nonprofit organization or institution having as its primary purpose the
4177 advancement and preservation of:
4178 (I) natural history;
4179 (II) art;
4180 (III) music;
4181 (IV) theater;
4182 (V) dance; or
4183 (VI) cultural arts, including literature, a motion picture, or storytelling;
4184 (B) an administrative unit; and
4185 (ii) includes, for purposes of Subsections 59-12-704(1)(d) and (6) only:
4186 (A) a private nonprofit organization or institution having as its primary purpose the
4187 advancement and preservation of history; or
4188 (B) a municipal or county cultural council having as its primary purpose the
4189 advancement and preservation of:
4190 (I) history;
4191 (II) natural history;
4192 (III) art;
4193 (IV) music;
4194 (V) theater; or
4195 (VI) dance.
4196 (b) "Cultural organization" does not include:
4197 (i) an agency of the state;
4198 (ii) except as provided in Subsection (6)(a)(ii)(B), a political subdivision of the state;
4199 (iii) an educational institution whose annual revenues are directly derived more than
4200 50% from state funds; or
4201 (iv) in a county of the first or second class, a radio or television broadcasting network
4202 or station, cable communications system, newspaper, or magazine.
4203 (7) "Institution" means an institution of higher education listed in [
4204 Subsection 53B-1-102(1)[
4205 (8) "Recreational facility" means a publicly owned or operated park, campground,
4206 marina, dock, golf course, playground, athletic field, gymnasium, swimming pool, trail system,
4207 or other facility used for recreational purposes.
4208 (9) "Rural radio station" means a nonprofit radio station based in a county of the third,
4209 fourth, fifth, or sixth class.
4210 (10) In a county of the first class, "zoological facility" means a public, public-private
4211 partnership, or private nonprofit building, exhibit, utility and infrastructure, walkway, pathway,
4212 roadway, office, administration facility, public service facility, educational facility, enclosure,
4213 public viewing area, animal barrier, animal housing, animal care facility, and veterinary and
4214 hospital facility related to the advancement, exhibition, or preservation of a mammal, bird,
4215 reptile, fish, or an amphibian.
4216 (11) (a) (i) Except as provided in Subsection (11)(a)(ii), "zoological organization"
4217 means a public, public-private partnership, or private nonprofit organization having as its
4218 primary purpose the advancement and preservation of zoology.
4219 (ii) In a county of the first class, "zoological organization" means a nonprofit
4220 organization having as its primary purpose the advancement and exhibition of a mammal, bird,
4221 reptile, fish, or an amphibian to an audience of 75,000 or more persons annually.
4222 (b) "Zoological organization" does not include an agency of the state, educational
4223 institution, radio or television broadcasting network or station, cable communications system,
4224 newspaper, or magazine.
4225 (12) "Zoological park" means a park or garden where a collection of wild animals is
4226 kept for study, conservation, and public exhibition.
4227 Section 59. Section 63A-2-402 is amended to read:
4228 63A-2-402. State surplus property program -- Participation by institutions of
4229 higher education.
4230 [
4231 [
4232 the division a listing of surplus property available for sale outside the institution, at least 15
4233 days prior to the intended sale date;
4234 [
4235 the requirement of this part; and
4236 [
4237 from the division to reduce expenditures.
4238 (2) The Utah System of Technical Colleges Board of Trustees shall conduct the
4239 activities described in Subsection (1) for a technical college described in Section 53B-2a-105.
4240 Section 60. Section 63A-9-101 is amended to read:
4241 63A-9-101. Definitions.
4242 (1) (a) "Agency" means each department, commission, board, council, agency,
4243 institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
4244 unit, bureau, panel, or other administrative unit of the state.
4245 (b) "Agency" includes the State Board of Education[
4246
4247
4248 53B-1-102.
4249 (c) "Agency" includes the legislative and judicial branches.
4250 (2) "Committee" means the Motor Vehicle Review Committee created by this chapter.
4251 (3) "Director" means the director of the division.
4252 (4) "Division" means the Division of Fleet Operations created by this chapter.
4253 (5) "Executive director" means the executive director of the Department of
4254 Administrative Services.
4255 (6) "Local agency" means:
4256 (a) a county;
4257 (b) a municipality;
4258 (c) a school district;
4259 (d) a local district;
4260 (e) a special service district;
4261 (f) an interlocal entity as defined under Section 11-13-103; or
4262 (g) any other political subdivision of the state, including a local commission, board, or
4263 other governmental entity that is vested with the authority to make decisions regarding the
4264 public's business.
4265 (7) (a) "Motor vehicle" means a self-propelled vehicle capable of carrying passengers.
4266 (b) "Motor vehicle" includes vehicles used for construction and other nontransportation
4267 purposes.
4268 (8) "State vehicle" means each motor vehicle owned, operated, or in the possession of
4269 an agency.
4270 Section 61. Section 63F-2-102 is amended to read:
4271 63F-2-102. Data Security Management Council -- Membership -- Duties.
4272 (1) There is created the Data Security Management Council composed of nine
4273 members as follows:
4274 (a) the chief information officer appointed under Section 63F-1-201, or the chief
4275 information officer's designee;
4276 (b) one individual appointed by the governor;
4277 (c) one individual appointed by the speaker of the House of Representatives and the
4278 president of the Senate from the Legislative Information Technology Steering Committee; and
4279 (d) the highest ranking information technology official, or the highest ranking
4280 information technology official's designee, from each of:
4281 (i) the Judicial Council;
4282 (ii) the State Board of Regents;
4283 (iii) the State Board of Education;
4284 (iv) the Utah [
4285 Trustees;
4286 (v) the State Tax Commission; and
4287 (vi) the Office of the Attorney General.
4288 (2) The council shall elect a chair of the council by majority vote.
4289 (3) (a) A majority of the members of the council constitutes a quorum.
4290 (b) Action by a majority of a quorum of the council constitutes an action of the council.
4291 (4) The Department of Technology Services shall provide staff to the council.
4292 (5) The council shall meet monthly, or as often as necessary, to:
4293 (a) review existing state government data security policies;
4294 (b) assess ongoing risks to state government information technology;
4295 (c) create a method to notify state and local government entities of new risks;
4296 (d) coordinate data breach simulation exercises with state and local government
4297 entities; and
4298 (e) develop data security best practice recommendations for state government that
4299 include recommendations regarding:
4300 (i) hiring and training a chief information security officer for each government entity;
4301 (ii) continuous risk monitoring;
4302 (iii) password management;
4303 (iv) using the latest technology to identify and respond to vulnerabilities;
4304 (v) protecting data in new and old systems; and
4305 (vi) best procurement practices.
4306 (6) A member who is not a member of the Legislature may not receive compensation
4307 or benefits for the member's service but may receive per diem and travel expenses as provided
4308 in:
4309 (a) Section 63A-3-106;
4310 (b) Section 63A-3-107; and
4311 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
4312 Section 62. Section 63G-2-305 is amended to read:
4313 63G-2-305. Protected records.
4314 The following records are protected if properly classified by a governmental entity:
4315 (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
4316 has provided the governmental entity with the information specified in Section 63G-2-309;
4317 (2) commercial information or nonindividual financial information obtained from a
4318 person if:
4319 (a) disclosure of the information could reasonably be expected to result in unfair
4320 competitive injury to the person submitting the information or would impair the ability of the
4321 governmental entity to obtain necessary information in the future;
4322 (b) the person submitting the information has a greater interest in prohibiting access
4323 than the public in obtaining access; and
4324 (c) the person submitting the information has provided the governmental entity with
4325 the information specified in Section 63G-2-309;
4326 (3) commercial or financial information acquired or prepared by a governmental entity
4327 to the extent that disclosure would lead to financial speculations in currencies, securities, or
4328 commodities that will interfere with a planned transaction by the governmental entity or cause
4329 substantial financial injury to the governmental entity or state economy;
4330 (4) records, the disclosure of which could cause commercial injury to, or confer a
4331 competitive advantage upon a potential or actual competitor of, a commercial project entity as
4332 defined in Subsection 11-13-103(4);
4333 (5) test questions and answers to be used in future license, certification, registration,
4334 employment, or academic examinations;
4335 (6) records, the disclosure of which would impair governmental procurement
4336 proceedings or give an unfair advantage to any person proposing to enter into a contract or
4337 agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
4338 Subsection (6) does not restrict the right of a person to have access to, after the contract or
4339 grant has been awarded and signed by all parties, a bid, proposal, application, or other
4340 information submitted to or by a governmental entity in response to:
4341 (a) an invitation for bids;
4342 (b) a request for proposals;
4343 (c) a request for quotes;
4344 (d) a grant; or
4345 (e) other similar document;
4346 (7) information submitted to or by a governmental entity in response to a request for
4347 information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
4348 the right of a person to have access to the information, after:
4349 (a) a contract directly relating to the subject of the request for information has been
4350 awarded and signed by all parties; or
4351 (b) (i) a final determination is made not to enter into a contract that relates to the
4352 subject of the request for information; and
4353 (ii) at least two years have passed after the day on which the request for information is
4354 issued;
4355 (8) records that would identify real property or the appraisal or estimated value of real
4356 or personal property, including intellectual property, under consideration for public acquisition
4357 before any rights to the property are acquired unless:
4358 (a) public interest in obtaining access to the information is greater than or equal to the
4359 governmental entity's need to acquire the property on the best terms possible;
4360 (b) the information has already been disclosed to persons not employed by or under a
4361 duty of confidentiality to the entity;
4362 (c) in the case of records that would identify property, potential sellers of the described
4363 property have already learned of the governmental entity's plans to acquire the property;
4364 (d) in the case of records that would identify the appraisal or estimated value of
4365 property, the potential sellers have already learned of the governmental entity's estimated value
4366 of the property; or
4367 (e) the property under consideration for public acquisition is a single family residence
4368 and the governmental entity seeking to acquire the property has initiated negotiations to acquire
4369 the property as required under Section 78B-6-505;
4370 (9) records prepared in contemplation of sale, exchange, lease, rental, or other
4371 compensated transaction of real or personal property including intellectual property, which, if
4372 disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
4373 of the subject property, unless:
4374 (a) the public interest in access is greater than or equal to the interests in restricting
4375 access, including the governmental entity's interest in maximizing the financial benefit of the
4376 transaction; or
4377 (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
4378 the value of the subject property have already been disclosed to persons not employed by or
4379 under a duty of confidentiality to the entity;
4380 (10) records created or maintained for civil, criminal, or administrative enforcement
4381 purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
4382 release of the records:
4383 (a) reasonably could be expected to interfere with investigations undertaken for
4384 enforcement, discipline, licensing, certification, or registration purposes;
4385 (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
4386 proceedings;
4387 (c) would create a danger of depriving a person of a right to a fair trial or impartial
4388 hearing;
4389 (d) reasonably could be expected to disclose the identity of a source who is not
4390 generally known outside of government and, in the case of a record compiled in the course of
4391 an investigation, disclose information furnished by a source not generally known outside of
4392 government if disclosure would compromise the source; or
4393 (e) reasonably could be expected to disclose investigative or audit techniques,
4394 procedures, policies, or orders not generally known outside of government if disclosure would
4395 interfere with enforcement or audit efforts;
4396 (11) records the disclosure of which would jeopardize the life or safety of an
4397 individual;
4398 (12) records the disclosure of which would jeopardize the security of governmental
4399 property, governmental programs, or governmental recordkeeping systems from damage, theft,
4400 or other appropriation or use contrary to law or public policy;
4401 (13) records that, if disclosed, would jeopardize the security or safety of a correctional
4402 facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
4403 with the control and supervision of an offender's incarceration, treatment, probation, or parole;
4404 (14) records that, if disclosed, would reveal recommendations made to the Board of
4405 Pardons and Parole by an employee of or contractor for the Department of Corrections, the
4406 Board of Pardons and Parole, or the Department of Human Services that are based on the
4407 employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
4408 jurisdiction;
4409 (15) records and audit workpapers that identify audit, collection, and operational
4410 procedures and methods used by the State Tax Commission, if disclosure would interfere with
4411 audits or collections;
4412 (16) records of a governmental audit agency relating to an ongoing or planned audit
4413 until the final audit is released;
4414 (17) records that are subject to the attorney client privilege;
4415 (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
4416 employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
4417 quasi-judicial, or administrative proceeding;
4418 (19) (a) (i) personal files of a state legislator, including personal correspondence to or
4419 from a member of the Legislature; and
4420 (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
4421 legislative action or policy may not be classified as protected under this section; and
4422 (b) (i) an internal communication that is part of the deliberative process in connection
4423 with the preparation of legislation between:
4424 (A) members of a legislative body;
4425 (B) a member of a legislative body and a member of the legislative body's staff; or
4426 (C) members of a legislative body's staff; and
4427 (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
4428 legislative action or policy may not be classified as protected under this section;
4429 (20) (a) records in the custody or control of the Office of Legislative Research and
4430 General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
4431 legislation or contemplated course of action before the legislator has elected to support the
4432 legislation or course of action, or made the legislation or course of action public; and
4433 (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
4434 Office of Legislative Research and General Counsel is a public document unless a legislator
4435 asks that the records requesting the legislation be maintained as protected records until such
4436 time as the legislator elects to make the legislation or course of action public;
4437 (21) research requests from legislators to the Office of Legislative Research and
4438 General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
4439 in response to these requests;
4440 (22) drafts, unless otherwise classified as public;
4441 (23) records concerning a governmental entity's strategy about:
4442 (a) collective bargaining; or
4443 (b) imminent or pending litigation;
4444 (24) records of investigations of loss occurrences and analyses of loss occurrences that
4445 may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
4446 Uninsured Employers' Fund, or similar divisions in other governmental entities;
4447 (25) records, other than personnel evaluations, that contain a personal recommendation
4448 concerning an individual if disclosure would constitute a clearly unwarranted invasion of
4449 personal privacy, or disclosure is not in the public interest;
4450 (26) records that reveal the location of historic, prehistoric, paleontological, or
4451 biological resources that if known would jeopardize the security of those resources or of
4452 valuable historic, scientific, educational, or cultural information;
4453 (27) records of independent state agencies if the disclosure of the records would
4454 conflict with the fiduciary obligations of the agency;
4455 (28) records of an institution within the state system of higher education defined in
4456 Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
4457 retention decisions, and promotions, which could be properly discussed in a meeting closed in
4458 accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
4459 the final decisions about tenure, appointments, retention, promotions, or those students
4460 admitted, may not be classified as protected under this section;
4461 (29) records of the governor's office, including budget recommendations, legislative
4462 proposals, and policy statements, that if disclosed would reveal the governor's contemplated
4463 policies or contemplated courses of action before the governor has implemented or rejected
4464 those policies or courses of action or made them public;
4465 (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
4466 revenue estimates, and fiscal notes of proposed legislation before issuance of the final
4467 recommendations in these areas;
4468 (31) records provided by the United States or by a government entity outside the state
4469 that are given to the governmental entity with a requirement that they be managed as protected
4470 records if the providing entity certifies that the record would not be subject to public disclosure
4471 if retained by it;
4472 (32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
4473 except as provided in Section 52-4-206;
4474 (33) records that would reveal the contents of settlement negotiations but not including
4475 final settlements or empirical data to the extent that they are not otherwise exempt from
4476 disclosure;
4477 (34) memoranda prepared by staff and used in the decision-making process by an
4478 administrative law judge, a member of the Board of Pardons and Parole, or a member of any
4479 other body charged by law with performing a quasi-judicial function;
4480 (35) records that would reveal negotiations regarding assistance or incentives offered
4481 by or requested from a governmental entity for the purpose of encouraging a person to expand
4482 or locate a business in Utah, but only if disclosure would result in actual economic harm to the
4483 person or place the governmental entity at a competitive disadvantage, but this section may not
4484 be used to restrict access to a record evidencing a final contract;
4485 (36) materials to which access must be limited for purposes of securing or maintaining
4486 the governmental entity's proprietary protection of intellectual property rights including patents,
4487 copyrights, and trade secrets;
4488 (37) the name of a donor or a prospective donor to a governmental entity, including an
4489 institution within the state system of higher education defined in Section 53B-1-102, and other
4490 information concerning the donation that could reasonably be expected to reveal the identity of
4491 the donor, provided that:
4492 (a) the donor requests anonymity in writing;
4493 (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
4494 classified protected by the governmental entity under this Subsection (37); and
4495 (c) except for an institution within the state system of higher education defined in
4496 Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
4497 in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
4498 over the donor, a member of the donor's immediate family, or any entity owned or controlled
4499 by the donor or the donor's immediate family;
4500 (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
4501 73-18-13;
4502 (39) a notification of workers' compensation insurance coverage described in Section
4503 34A-2-205;
4504 (40) (a) the following records of an institution within the state system of higher
4505 education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
4506 or received by or on behalf of faculty, staff, employees, or students of the institution:
4507 (i) unpublished lecture notes;
4508 (ii) unpublished notes, data, and information:
4509 (A) relating to research; and
4510 (B) of:
4511 (I) the institution within the state system of higher education defined in Section
4512 53B-1-102; or
4513 (II) a sponsor of sponsored research;
4514 (iii) unpublished manuscripts;
4515 (iv) creative works in process;
4516 (v) scholarly correspondence; and
4517 (vi) confidential information contained in research proposals;
4518 (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
4519 information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
4520 (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
4521 (41) (a) records in the custody or control of the Office of Legislative Auditor General
4522 that would reveal the name of a particular legislator who requests a legislative audit prior to the
4523 date that audit is completed and made public; and
4524 (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
4525 Office of the Legislative Auditor General is a public document unless the legislator asks that
4526 the records in the custody or control of the Office of Legislative Auditor General that would
4527 reveal the name of a particular legislator who requests a legislative audit be maintained as
4528 protected records until the audit is completed and made public;
4529 (42) records that provide detail as to the location of an explosive, including a map or
4530 other document that indicates the location of:
4531 (a) a production facility; or
4532 (b) a magazine;
4533 (43) information:
4534 (a) contained in the statewide database of the Division of Aging and Adult Services
4535 created by Section 62A-3-311.1; or
4536 (b) received or maintained in relation to the Identity Theft Reporting Information
4537 System (IRIS) established under Section 67-5-22;
4538 (44) information contained in the Management Information System and Licensing
4539 Information System described in Title 62A, Chapter 4a, Child and Family Services;
4540 (45) information regarding National Guard operations or activities in support of the
4541 National Guard's federal mission;
4542 (46) records provided by any pawn or secondhand business to a law enforcement
4543 agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
4544 Secondhand Merchandise Transaction Information Act;
4545 (47) information regarding food security, risk, and vulnerability assessments performed
4546 by the Department of Agriculture and Food;
4547 (48) except to the extent that the record is exempt from this chapter pursuant to Section
4548 63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
4549 prepared or maintained by the Division of Emergency Management, and the disclosure of
4550 which would jeopardize:
4551 (a) the safety of the general public; or
4552 (b) the security of:
4553 (i) governmental property;
4554 (ii) governmental programs; or
4555 (iii) the property of a private person who provides the Division of Emergency
4556 Management information;
4557 (49) records of the Department of Agriculture and Food that provides for the
4558 identification, tracing, or control of livestock diseases, including any program established under
4559 Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
4560 of Animal Disease;
4561 (50) as provided in Section 26-39-501:
4562 (a) information or records held by the Department of Health related to a complaint
4563 regarding a child care program or residential child care which the department is unable to
4564 substantiate; and
4565 (b) information or records related to a complaint received by the Department of Health
4566 from an anonymous complainant regarding a child care program or residential child care;
4567 (51) unless otherwise classified as public under Section 63G-2-301 and except as
4568 provided under Section 41-1a-116, an individual's home address, home telephone number, or
4569 personal mobile phone number, if:
4570 (a) the individual is required to provide the information in order to comply with a law,
4571 ordinance, rule, or order of a government entity; and
4572 (b) the subject of the record has a reasonable expectation that this information will be
4573 kept confidential due to:
4574 (i) the nature of the law, ordinance, rule, or order; and
4575 (ii) the individual complying with the law, ordinance, rule, or order;
4576 (52) the name, home address, work addresses, and telephone numbers of an individual
4577 that is engaged in, or that provides goods or services for, medical or scientific research that is:
4578 (a) conducted within the state system of higher education, as defined in Section
4579 53B-1-102; and
4580 (b) conducted using animals;
4581 (53) an initial proposal under Title 63N, Chapter 13, Part 2, Government Procurement
4582 Private Proposal Program, to the extent not made public by rules made under that chapter;
4583 (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
4584 Evaluation Commission concerning an individual commissioner's vote on whether or not to
4585 recommend that the voters retain a judge;
4586 (55) information collected and a report prepared by the Judicial Performance
4587 Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
4588 12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
4589 the information or report;
4590 (56) records contained in the Management Information System created in Section
4591 62A-4a-1003;
4592 (57) records provided or received by the Public Lands Policy Coordinating Office in
4593 furtherance of any contract or other agreement made in accordance with Section 63J-4-603;
4594 (58) information requested by and provided to the 911 Division under Section
4595 63H-7a-302;
4596 (59) in accordance with Section 73-10-33:
4597 (a) a management plan for a water conveyance facility in the possession of the Division
4598 of Water Resources or the Board of Water Resources; or
4599 (b) an outline of an emergency response plan in possession of the state or a county or
4600 municipality;
4601 (60) the following records in the custody or control of the Office of Inspector General
4602 of Medicaid Services, created in Section 63A-13-201:
4603 (a) records that would disclose information relating to allegations of personal
4604 misconduct, gross mismanagement, or illegal activity of a person if the information or
4605 allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
4606 through other documents or evidence, and the records relating to the allegation are not relied
4607 upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
4608 report or final audit report;
4609 (b) records and audit workpapers to the extent they would disclose the identity of a
4610 person who, during the course of an investigation or audit, communicated the existence of any
4611 Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
4612 regulation adopted under the laws of this state, a political subdivision of the state, or any
4613 recognized entity of the United States, if the information was disclosed on the condition that
4614 the identity of the person be protected;
4615 (c) before the time that an investigation or audit is completed and the final
4616 investigation or final audit report is released, records or drafts circulated to a person who is not
4617 an employee or head of a governmental entity for the person's response or information;
4618 (d) records that would disclose an outline or part of any investigation, audit survey
4619 plan, or audit program; or
4620 (e) requests for an investigation or audit, if disclosure would risk circumvention of an
4621 investigation or audit;
4622 (61) records that reveal methods used by the Office of Inspector General of Medicaid
4623 Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
4624 abuse;
4625 (62) information provided to the Department of Health or the Division of Occupational
4626 and Professional Licensing under Subsection 58-68-304(3) or (4);
4627 (63) a record described in Section 63G-12-210;
4628 (64) captured plate data that is obtained through an automatic license plate reader
4629 system used by a governmental entity as authorized in Section 41-6a-2003; [
4630 (65) any record in the custody of the Utah Office for Victims of Crime relating to a
4631 victim, including:
4632 (a) a victim's application or request for benefits;
4633 (b) a victim's receipt or denial of benefits; and
4634 (c) any administrative notes or records made or created for the purpose of, or used to,
4635 evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
4636 Reparations Fund[
4637 (66) a record pertaining to the search process for a president of an institution of higher
4638 education described in Section 53B-2-102, except for application materials for a publicly
4639 announced finalist.
4640 Section 63. Section 63G-6a-103 is amended to read:
4641 63G-6a-103. Definitions.
4642 As used in this chapter:
4643 (1) "Administrative law judge" means the same as that term is defined in Section
4644 67-19e-102.
4645 (2) "Administrative law judge service" means service provided by an administrative
4646 law judge.
4647 (3) "Applicable rulemaking authority" means:
4648 (a) for a legislative procurement unit, the Legislative Management Committee;
4649 (b) for a judicial procurement unit, the Judicial Council;
4650 (c) (i) only to the extent of the procurement authority expressly granted to the
4651 procurement unit by statute:
4652 (A) for the building board or the Division of Facilities Construction and Management,
4653 created in Section 63A-5-201, the building board;
4654 (B) for the Office of the Attorney General, the attorney general; and
4655 (C) for the Department of Transportation created in Section 72-1-201, the executive
4656 director of the Department of Transportation; and
4657 (ii) for each other executive branch procurement unit, the board;
4658 (d) for a local government procurement unit:
4659 (i) the legislative body of the local government procurement unit; or
4660 (ii) an individual or body designated by the legislative body of the local government
4661 procurement unit;
4662 (e) for a school district or a public school, the board, except to the extent of a school
4663 district's own nonadministrative rules that do not conflict with the provisions of this chapter;
4664 (f) for a state institution of higher education described in:
4665 (i) Subsections 53B-1-102(1)(a) and (c), the State Board of Regents; or
4666 (ii) Subsection 53B-1-102(1)(b), the Utah System of Technical Colleges Board of
4667 Trustees;
4668 (g) for a public transit district, the chief executive of the public transit district;
4669 (h) for a local district other than a public transit district or for a special service district:
4670 (i) before January 1, 2015, the board of trustees of the local district or the governing
4671 body of the special service district; or
4672 (ii) on or after January 1, 2015, the board, except to the extent that the board of trustees
4673 of the local district or the governing body of the special service district makes its own rules:
4674 (A) with respect to a subject addressed by board rules; or
4675 (B) that are in addition to board rules; or
4676 (i) for any other procurement unit, the board.
4677 (4) "Approved vendor" means a vendor who has been approved through the approved
4678 vendor list process.
4679 (5) "Approved vendor list" means a list of approved vendors established under Section
4680 63G-6a-507.
4681 (6) "Approved vendor list process" means the procurement process described in
4682 Section 63G-6a-507.
4683 (7) "Bidder" means a person who submits a bid or price quote in response to an
4684 invitation for bids.
4685 (8) "Bidding process" means the procurement process described in Part 6, Bidding.
4686 (9) "Board" means the Utah State Procurement Policy Board, created in Section
4687 63G-6a-202.
4688 (10) "Building board" means the State Building Board, created in Section 63A-5-101.
4689 (11) "Change directive" means a written order signed by the procurement officer that
4690 directs the contractor to suspend work or make changes, as authorized by contract, without the
4691 consent of the contractor.
4692 (12) "Change order" means a written alteration in specifications, delivery point, rate of
4693 delivery, period of performance, price, quantity, or other provisions of a contract, upon mutual
4694 agreement of the parties to the contract.
4695 (13) "Chief procurement officer" means the chief procurement officer appointed under
4696 Subsection 63G-6a-302(1).
4697 (14) "Conducting procurement unit" means a procurement unit that conducts all
4698 aspects of a procurement:
4699 (a) except:
4700 (i) reviewing a solicitation to verify that it is in proper form; and
4701 (ii) causing the publication of a notice of a solicitation; and
4702 (b) including:
4703 (i) preparing any solicitation document;
4704 (ii) appointing an evaluation committee;
4705 (iii) conducting the evaluation process, except as provided in Subsection
4706 63G-6a-707(6)(b) relating to scores calculated for costs of proposals;
4707 (iv) selecting and recommending the person to be awarded a contract;
4708 (v) negotiating the terms and conditions of a contract, subject to the issuing
4709 procurement unit's approval; and
4710 (vi) contract administration.
4711 (15) "Conservation district" means the same as that term is defined in Section
4712 17D-3-102.
4713 (16) "Construction":
4714 (a) means services, including work, and supplies for a project for the construction,
4715 renovation, alteration, improvement, or repair of a public facility on real property; and
4716 (b) does not include services and supplies for the routine, day-to-day operation, repair,
4717 or maintenance of an existing public facility.
4718 (17) "Construction manager/general contractor":
4719 (a) means a contractor who enters into a contract:
4720 (i) for the management of a construction project; and
4721 (ii) that allows the contractor to subcontract for additional labor and materials that are
4722 not included in the contractor's cost proposal submitted at the time of the procurement of the
4723 contractor's services; and
4724 (b) does not include a contractor whose only subcontract work not included in the
4725 contractor's cost proposal submitted as part of the procurement of the contractor's services is to
4726 meet subcontracted portions of change orders approved within the scope of the project.
4727 (18) "Contract" means an agreement for a procurement.
4728 (19) "Contract administration" means all functions, duties, and responsibilities
4729 associated with managing, overseeing, and carrying out a contract between a procurement unit
4730 and a contractor, including:
4731 (a) implementing the contract;
4732 (b) ensuring compliance with the contract terms and conditions by the conducting
4733 procurement unit and the contractor;
4734 (c) executing change orders;
4735 (d) processing contract amendments;
4736 (e) resolving, to the extent practicable, contract disputes;
4737 (f) curing contract errors and deficiencies;
4738 (g) terminating a contract;
4739 (h) measuring or evaluating completed work and contractor performance;
4740 (i) computing payments under the contract; and
4741 (j) closing out a contract.
4742 (20) "Contractor" means a person who is awarded a contract with a procurement unit.
4743 (21) "Cooperative procurement" means procurement conducted by, or on behalf of:
4744 (a) more than one procurement unit; or
4745 (b) a procurement unit and a cooperative purchasing organization.
4746 (22) "Cooperative purchasing organization" means an organization, association, or
4747 alliance of purchasers established to combine purchasing power in order to obtain the best
4748 value for the purchasers by engaging in procurements in accordance with Section 63G-6a-2105.
4749 (23) "Cost-plus-a-percentage-of-cost contract" means a contract under which the
4750 contractor is paid a percentage of the total actual expenses or costs in addition to the
4751 contractor's actual expenses or costs.
4752 (24) "Cost-reimbursement contract" means a contract under which a contractor is
4753 reimbursed for costs which are allowed and allocated in accordance with the contract terms and
4754 the provisions of this chapter, and a fee, if any.
4755 (25) "Days" means calendar days, unless expressly provided otherwise.
4756 (26) "Definite quantity contract" means a fixed price contract that provides for a
4757 specified amount of supplies over a specified period, with deliveries scheduled according to a
4758 specified schedule.
4759 (27) "Design-build" means the procurement of design professional services and
4760 construction by the use of a single contract.
4761 (28) "Design professional" means:
4762 (a) an individual licensed as an architect under Title 58, Chapter 3a, Architects
4763 Licensing Act; or
4764 (b) an individual licensed as a professional engineer or professional land surveyor
4765 under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing
4766 Act.
4767 (29) "Design professional procurement process" means the procurement process
4768 described in Part 15, Design Professional Services.
4769 (30) "Design professional services" means:
4770 (a) professional services within the scope of the practice of architecture as defined in
4771 Section 58-3a-102;
4772 (b) professional engineering as defined in Section 58-22-102; or
4773 (c) master planning and programming services.
4774 (31) "Director" means the director of the division.
4775 (32) "Division" means the Division of Purchasing and General Services, created in
4776 Section 63A-2-101.
4777 (33) "Educational procurement unit" means:
4778 (a) a school district;
4779 (b) a public school, including a local school board [
4780 (c) the Utah Schools for the Deaf and Blind;
4781 (d) the Utah Education and Telehealth Network; or
4782 (e) an institution of higher education of the state described in Section 53B-1-102.
4783 (34) "Established catalogue price" means the price included in a catalogue, price list,
4784 schedule, or other form that:
4785 (a) is regularly maintained by a manufacturer or contractor;
4786 (b) is published or otherwise available for inspection by customers; and
4787 (c) states prices at which sales are currently or were last made to a significant number
4788 of any category of buyers or buyers constituting the general buying public for the supplies or
4789 services involved.
4790 (35) "Executive branch procurement unit" means a department, division, office,
4791 bureau, agency, or other organization within the state executive branch.
4792 (36) "Fixed price contract" means a contract that provides a price, for each
4793 procurement item obtained under the contract, that is not subject to adjustment except to the
4794 extent that:
4795 (a) the contract provides, under circumstances specified in the contract, for an
4796 adjustment in price that is not based on cost to the contractor; or
4797 (b) an adjustment is required by law.
4798 (37) "Fixed price contract with price adjustment" means a fixed price contract that
4799 provides for an upward or downward revision of price, precisely described in the contract, that:
4800 (a) is based on the consumer price index or another commercially acceptable index,
4801 source, or formula; and
4802 (b) is not based on a percentage of the cost to the contractor.
4803 (38) "Grant" means an expenditure of public funds or other assistance, or an agreement
4804 to expend public funds or other assistance, for a public purpose authorized by law, without
4805 acquiring a procurement item in exchange.
4806 (39) "Head of a procurement unit" means:
4807 (a) for a legislative procurement unit, any person designated by rule made by the
4808 applicable rulemaking authority;
4809 (b) for an executive branch procurement unit:
4810 (i) the director of the division; or
4811 (ii) any other person designated by the board, by rule;
4812 (c) for a judicial procurement unit:
4813 (i) the Judicial Council; or
4814 (ii) any other person designated by the Judicial Council, by rule;
4815 (d) for a local government procurement unit:
4816 (i) the legislative body of the local government procurement unit; or
4817 (ii) any other person designated by the local government procurement unit;
4818 (e) for a local district other than a public transit district, the board of trustees of the
4819 local district or a designee of the board of trustees;
4820 (f) for a special service district, the governing body of the special service district or a
4821 designee of the governing body;
4822 (g) for a local building authority, the board of directors of the local building authority or
4823 a designee of the board of directors;
4824 (h) for a conservation district, the board of supervisors of the conservation district or a
4825 designee of the board of supervisors;
4826 (i) for a public corporation, the board of directors of the public corporation or a
4827 designee of the board of directors;
4828 (j) for a school district or any school or entity within a school district, the board of the
4829 school district, or the board's designee;
4830 (k) for a charter school, the individual or body with executive authority over the charter
4831 school, or the individual's or body's designee;
4832 (l) for an institution of higher education [
4833 the president of the institution of higher education, or the president's designee; or
4834 (m) for a public transit district, the board of trustees or a designee of the board of
4835 trustees.
4836 (40) "Immaterial error":
4837 (a) means an irregularity or abnormality that is:
4838 (i) a matter of form that does not affect substance; or
4839 (ii) an inconsequential variation from a requirement of a solicitation that has no, little,
4840 or a trivial effect on the procurement process and that is not prejudicial to other vendors; and
4841 (b) includes:
4842 (i) a missing signature, missing acknowledgment of an addendum, or missing copy of a
4843 professional license, bond, or insurance certificate;
4844 (ii) a typographical error;
4845 (iii) an error resulting from an inaccuracy or omission in the solicitation; and
4846 (iv) any other error that the chief procurement officer or the head of a procurement unit
4847 with independent procurement authority reasonably considers to be immaterial.
4848 (41) "Indefinite quantity contract" means a fixed price contract that:
4849 (a) is for an indefinite amount of procurement items to be supplied as ordered by a
4850 procurement unit; and
4851 (b) (i) does not require a minimum purchase amount; or
4852 (ii) provides a maximum purchase limit.
4853 (42) "Independent procurement authority" means authority granted to a procurement
4854 unit under Subsection 63G-6a-106(4)(a).
4855 (43) "Invitation for bids":
4856 (a) means a document used to solicit:
4857 (i) bids to provide a procurement item to a procurement unit; or
4858 (ii) quotes for a price of a procurement item to be provided to a procurement unit; and
4859 (b) includes all documents attached to or incorporated by reference in a document
4860 described in Subsection (43)(a).
4861 (44) "Issuing procurement unit" means a procurement unit that:
4862 (a) reviews a solicitation to verify that it is in proper form;
4863 (b) causes the notice of a solicitation to be published; and
4864 (c) negotiates and approves the terms and conditions of a contract.
4865 (45) "Judicial procurement unit" means:
4866 (a) the Utah Supreme Court;
4867 (b) the Utah Court of Appeals;
4868 (c) the Judicial Council;
4869 (d) a state judicial district; or
4870 (e) an office, committee, subcommittee, or other organization within the state judicial
4871 branch.
4872 (46) "Labor hour contract" is a contract under which:
4873 (a) the supplies and materials are not provided by, or through, the contractor; and
4874 (b) the contractor is paid a fixed rate that includes the cost of labor, overhead, and
4875 profit for a specified number of labor hours or days.
4876 (47) "Legislative procurement unit" means:
4877 (a) the Legislature;
4878 (b) the Senate;
4879 (c) the House of Representatives;
4880 (d) a staff office of the Legislature, the Senate, or the House of Representatives; or
4881 (e) an office, committee, subcommittee, commission, or other organization within the
4882 state legislative branch.
4883 (48) "Local building authority" means the same as that term is defined in Section
4884 17D-2-102.
4885 (49) "Local district" means the same as that term is defined in Section 17B-1-102.
4886 (50) "Local government procurement unit" means:
4887 (a) a county or municipality, and each office or agency of the county or municipality,
4888 unless the county or municipality adopts its own procurement code by ordinance;
4889 (b) a county or municipality that has adopted this entire chapter by ordinance, and each
4890 office or agency of that county or municipality; or
4891 (c) a county or municipality that has adopted a portion of this chapter by ordinance, to
4892 the extent that a term in the ordinance is used in the adopted portion of this chapter, and each
4893 office or agency of that county or municipality.
4894 (51) "Multiple award contracts" means the award of a contract for an indefinite
4895 quantity of a procurement item to more than one bidder or offeror.
4896 (52) "Multiyear contract" means a contract that extends beyond a one-year period,
4897 including a contract that permits renewal of the contract, without competition, beyond the first
4898 year of the contract.
4899 (53) "Municipality" means a city, town, or metro township.
4900 (54) "Nonadopting local government procurement unit" means:
4901 (a) a county or municipality that has not adopted Part 16, Protests, Part 17,
4902 Procurement Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19,
4903 General Provisions Related to Protest or Appeal; and
4904 (b) each office or agency of a county or municipality described in Subsection (54)(a).
4905 (55) "Offeror" means a person who submits a proposal in response to a request for
4906 proposals.
4907 (56) "Person" means the same as that term is defined in Section 68-3-12.5, excluding a
4908 political subdivision and a government office, department, division, bureau, or other body of
4909 government.
4910 (57) "Preferred bidder" means a bidder that is entitled to receive a reciprocal preference
4911 under the requirements of this chapter.
4912 (58) "Procure" means to acquire a procurement item through a procurement.
4913 (59) "Procurement":
4914 (a) means a procurement unit's acquisition of a procurement item through an
4915 expenditure of public funds, or an agreement to expend public funds;
4916 (b) includes all functions that pertain to the acquisition of a procurement item,
4917 including:
4918 (i) preparing and issuing a solicitation; and
4919 (ii) (A) conducting a standard procurement process; or
4920 (B) conducting a procurement process that is an exception to a standard procurement
4921 process under Part 8, Exceptions to Procurement Requirements; and
4922 (c) does not include a grant.
4923 (60) "Procurement item" means a supply, a service, or construction.
4924 (61) "Procurement officer" means:
4925 (a) for a procurement unit with independent procurement authority:
4926 (i) the head of the procurement unit;
4927 (ii) a designee of the head of the procurement unit; or
4928 (iii) a person designated by rule made by the applicable rulemaking authority; or
4929 (b) for the division or a procurement unit without independent procurement authority,
4930 the chief procurement officer.
4931 (62) "Procurement unit":
4932 (a) means:
4933 (i) a legislative procurement unit;
4934 (ii) an executive branch procurement unit;
4935 (iii) a judicial procurement unit;
4936 (iv) an educational procurement unit;
4937 (v) a local government procurement unit;
4938 (vi) a local district;
4939 (vii) a special service district;
4940 (viii) a local building authority;
4941 (ix) a conservation district;
4942 (x) a public corporation; or
4943 (xi) a public transit district; and
4944 (b) does not include a political subdivision created under Title 11, Chapter 13,
4945 Interlocal Cooperation Act.
4946 (63) "Professional service" means labor, effort, or work that requires an elevated
4947 degree of specialized knowledge and discretion, including labor, effort, or work in the field of:
4948 (a) accounting;
4949 (b) architecture;
4950 (c) construction design and management;
4951 (d) engineering;
4952 (e) financial services;
4953 (f) information technology;
4954 (g) the law;
4955 (h) medicine;
4956 (i) psychiatry; or
4957 (j) underwriting.
4958 (64) "Protest officer" means:
4959 (a) for the division or a procurement unit with independent procurement authority:
4960 (i) the head of the procurement unit;
4961 (ii) a designee of the head of the procurement unit; or
4962 (iii) a person designated by rule made by the applicable rulemaking authority; or
4963 (b) for a procurement unit without independent procurement authority, the chief
4964 procurement officer or the chief procurement officer's designee.
4965 (65) "Public corporation" means the same as that term is defined in Section 63E-1-102.
4966 (66) "Public entity" means any government entity of the state or political subdivision of
4967 the state, including:
4968 (a) a procurement unit;
4969 (b) a municipality or county, regardless of whether the municipality or county has
4970 adopted this chapter or any part of this chapter; and
4971 (c) any other government entity located in the state that expends public funds.
4972 (67) "Public facility" means a building, structure, infrastructure, improvement, or other
4973 facility of a public entity.
4974 (68) "Public funds" means money, regardless of its source, including from the federal
4975 government, that is owned or held by a procurement unit.
4976 (69) "Public transit district" means a public transit district organized under Title 17B,
4977 Chapter 2a, Part 8, Public Transit District Act.
4978 (70) "Qualified vendor" means a vendor who:
4979 (a) is responsible; and
4980 (b) submits a responsive statement of qualifications under Section 63G-6a-410 that
4981 meets the minimum mandatory requirements, evaluation criteria, and any applicable score
4982 thresholds set forth in the request for statement of qualifications.
4983 (71) "Real property" means land and any building, fixture, improvement, appurtenance,
4984 structure, or other development that is permanently affixed to land.
4985 (72) "Request for information" means a nonbinding process through which a
4986 procurement unit requests information relating to a procurement item.
4987 (73) "Request for proposals" means a document used to solicit proposals to provide a
4988 procurement item to a procurement unit, including all other documents that are attached to that
4989 document or incorporated in that document by reference.
4990 (74) "Request for proposals process" means the procurement process described in Part
4991 7, Request for Proposals.
4992 (75) "Request for statement of qualifications" means a document used to solicit
4993 information about the qualifications of a person interested in responding to a potential
4994 procurement, including all other documents attached to that document or incorporated in that
4995 document by reference.
4996 (76) "Requirements contract" means a contract:
4997 (a) under which a contractor agrees to provide a procurement unit's entire requirements
4998 for certain procurement items at prices specified in the contract during the contract period; and
4999 (b) that:
5000 (i) does not require a minimum purchase amount; or
5001 (ii) provides a maximum purchase limit.
5002 (77) "Responsible" means being capable, in all respects, of:
5003 (a) meeting all the requirements of a solicitation; and
5004 (b) fully performing all the requirements of the contract resulting from the solicitation,
5005 including being financially solvent with sufficient financial resources to perform the contract.
5006 (78) "Responsive" means conforming in all material respects to the requirements of a
5007 solicitation.
5008 (79) "Sealed" means manually or electronically secured to prevent disclosure.
5009 (80) "Service":
5010 (a) means labor, effort, or work to produce a result that is beneficial to a procurement
5011 unit;
5012 (b) includes a professional service; and
5013 (c) does not include labor, effort, or work provided under an employment agreement or
5014 a collective bargaining agreement.
5015 (81) "Small purchase process" means the procurement process described in Section
5016 63G-6a-506.
5017 (82) "Sole source contract" means a contract resulting from a sole source procurement.
5018 (83) "Sole source procurement" means a procurement without competition pursuant to
5019 a determination under Subsection 63G-6a-802(1)(a) that there is only one source for the
5020 procurement item.
5021 (84) "Solicitation" means an invitation for bids, request for proposals, request for
5022 statement of qualifications, or request for information.
5023 (85) "Solicitation response" means:
5024 (a) a bid submitted in response to an invitation for bids;
5025 (b) a proposal submitted in response to a request for proposals; or
5026 (c) a statement of qualifications submitted in response to a request for statement of
5027 qualifications.
5028 (86) "Special service district" means the same as that term is defined in Section
5029 17D-1-102.
5030 (87) "Specification" means any description of the physical or functional characteristics
5031 or of the nature of a procurement item included in an invitation for bids or a request for
5032 proposals, or otherwise specified or agreed to by a procurement unit, including a description of:
5033 (a) a requirement for inspecting or testing a procurement item; or
5034 (b) preparing a procurement item for delivery.
5035 (88) "Standard procurement process" means:
5036 (a) the bidding process;
5037 (b) the request for proposals process;
5038 (c) the approved vendor list process;
5039 (d) the small purchase process; or
5040 (e) the design professional procurement process.
5041 (89) "State cooperative contract" means a contract awarded by the division for and in
5042 behalf of all public entities.
5043 (90) "Statement of qualifications" means a written statement submitted to a
5044 procurement unit in response to a request for statement of qualifications.
5045 (91) "Subcontractor":
5046 (a) means a person under contract with a contractor or another subcontractor to provide
5047 services or labor for design or construction;
5048 (b) includes a trade contractor or specialty contractor; and
5049 (c) does not include a supplier who provides only materials, equipment, or supplies to a
5050 contractor or subcontractor.
5051 (92) "Supply" means a good, material, technology, piece of equipment, or any other
5052 item of personal property.
5053 (93) "Tie bid" means that the lowest responsive bids of responsible bidders are
5054 identical in price.
5055 (94) "Time and materials contract" means a contract under which the contractor is paid:
5056 (a) the actual cost of direct labor at specified hourly rates;
5057 (b) the actual cost of materials and equipment usage; and
5058 (c) an additional amount, expressly described in the contract, to cover overhead and
5059 profit, that is not based on a percentage of the cost to the contractor.
5060 (95) "Transitional costs":
5061 (a) means the costs of changing:
5062 (i) from an existing provider of a procurement item to another provider of that
5063 procurement item; or
5064 (ii) from an existing type of procurement item to another type;
5065 (b) includes:
5066 (i) training costs;
5067 (ii) conversion costs;
5068 (iii) compatibility costs;
5069 (iv) costs associated with system downtime;
5070 (v) disruption of service costs;
5071 (vi) staff time necessary to implement the change;
5072 (vii) installation costs; and
5073 (viii) ancillary software, hardware, equipment, or construction costs; and
5074 (c) does not include:
5075 (i) the costs of preparing for or engaging in a procurement process; or
5076 (ii) contract negotiation or drafting costs.
5077 (96) "Trial use contract" means a contract for a procurement item that the procurement
5078 unit acquires for a trial use or testing to determine whether the procurement item will benefit
5079 the procurement unit.
5080 (97) "Vendor":
5081 (a) means a person who is seeking to enter into a contract with a procurement unit to
5082 provide a procurement item; and
5083 (b) includes:
5084 (i) a bidder;
5085 (ii) an offeror;
5086 (iii) an approved vendor; and
5087 (iv) a design professional.
5088 Section 64. Section 63J-3-103 is amended to read:
5089 63J-3-103. Definitions.
5090 As used in this chapter:
5091 (1) (a) "Appropriations" means actual unrestricted capital and operating appropriations
5092 from unrestricted General Fund and Education Fund sources.
5093 (b) "Appropriations" includes appropriations that are contingent upon available
5094 surpluses in the General Fund and Education Fund.
5095 (c) "Appropriations" does not mean:
5096 (i) public education expenditures;
5097 (ii) Utah Education and Telehealth Network expenditures in support of public
5098 education;
5099 (iii) Utah [
5100 in support of public education;
5101 (iv) State Tax Commission expenditures related to collection of income taxes in
5102 support of public education;
5103 (v) debt service expenditures;
5104 (vi) emergency expenditures;
5105 (vii) expenditures from all other fund or subfund sources;
5106 (viii) transfers or appropriations from the Education Fund to the Uniform School Fund;
5107 (ix) transfers into, or appropriations made to, the General Fund Budget Reserve
5108 Account established in Section 63J-1-312;
5109 (x) transfers into, or appropriations made to, the Education Budget Reserve Account
5110 established in Section 63J-1-313;
5111 (xi) transfers in accordance with Section 63J-1-314 into, or appropriations made to the
5112 Wildland Fire Suppression Fund created in Section 65A-8-204 or the State Disaster Recovery
5113 Restricted Account created in Section 53-2a-603;
5114 (xii) money appropriated to fund the total one-time project costs for the construction of
5115 capital developments as defined in Section 63A-5-104;
5116 (xiii) transfers or deposits into or appropriations made to the Centennial Highway Fund
5117 created by Section 72-2-118;
5118 (xiv) transfers or deposits into or appropriations made to the Transportation Investment
5119 Fund of 2005 created by Section 72-2-124;
5120 (xv) transfers or deposits into or appropriations made to:
5121 (A) the Department of Transportation from any source; or
5122 (B) any transportation-related account or fund from any source; or
5123 (xvi) supplemental appropriations from the General Fund to the Division of Forestry,
5124 Fire, and State Lands to provide money for wildland fire control expenses incurred during the
5125 current or previous fire years.
5126 (2) "Base year real per capita appropriations" means the result obtained for the state by
5127 dividing the fiscal year 1985 actual appropriations of the state less debt money by:
5128 (a) the state's July 1, 1983 population; and
5129 (b) the fiscal year 1983 inflation index divided by 100.
5130 (3) "Calendar year" means the time period beginning on January 1 of any given year
5131 and ending on December 31 of the same year.
5132 (4) "Fiscal emergency" means an extraordinary occurrence requiring immediate
5133 expenditures and includes the settlement under Laws of Utah 1988, Fourth Special Session,
5134 Chapter 4.
5135 (5) "Fiscal year" means the time period beginning on July 1 of any given year and
5136 ending on June 30 of the subsequent year.
5137 (6) "Fiscal year 1985 actual base year appropriations" means fiscal year 1985 actual
5138 capital and operations appropriations from General Fund and non-Uniform School Fund
5139 income tax revenue sources, less debt money.
5140 (7) "Inflation index" means the change in the general price level of goods and services
5141 as measured by the Gross National Product Implicit Price Deflator of the Bureau of Economic
5142 Analysis, U.S. Department of Commerce calculated as provided in Section 63J-3-202.
5143 (8) (a) "Maximum allowable appropriations limit" means the appropriations that could
5144 be, or could have been, spent in any given year under the limitations of this chapter.
5145 (b) "Maximum allowable appropriations limit" does not mean actual appropriations
5146 spent or actual expenditures.
5147 (9) "Most recent fiscal year's inflation index" means the fiscal year inflation index two
5148 fiscal years previous to the fiscal year for which the maximum allowable inflation and
5149 population appropriations limit is being computed under this chapter.
5150 (10) "Most recent fiscal year's population" means the fiscal year population two fiscal
5151 years previous to the fiscal year for which the maximum allowable inflation and population
5152 appropriations limit is being computed under this chapter.
5153 (11) "Population" means the number of residents of the state as of July 1 of each year
5154 as calculated by the Governor's Office of Management and Budget according to the procedures
5155 and requirements of Section 63J-3-202.
5156 (12) "Revenues" means the revenues of the state from every tax, penalty, receipt, and
5157 other monetary exaction and interest connected with it that are recorded as unrestricted revenue
5158 of the General Fund and from non-Uniform School Fund income tax revenues, except as
5159 specifically exempted by this chapter.
5160 (13) "Security" means any bond, note, warrant, or other evidence of indebtedness,
5161 whether or not the bond, note, warrant, or other evidence of indebtedness is or constitutes an
5162 "indebtedness" within the meaning of any provision of the constitution or laws of this state.
5163 Section 65. Section 63N-12-203 is amended to read:
5164 63N-12-203. STEM Action Center Board creation -- Membership.
5165 (1) There is created the STEM Action Center Board within the office, composed of the
5166 following members:
5167 (a) six private sector members who represent business, appointed by the governor;
5168 (b) the state superintendent of public instruction or the state superintendent of public
5169 instruction's designee;
5170 (c) the commissioner of higher education or the commissioner of higher education's
5171 designee;
5172 (d) one member appointed by the governor;
5173 (e) a member of the State Board of Education, chosen by the chair of the State Board of
5174 Education;
5175 (f) the executive director of the office or the executive director's designee;
5176 (g) the Utah [
5177 commissioner of technical education or the Utah [
5178 Technical Colleges commissioner of technical education's designee;
5179 (h) the executive director of the Department of Workforce Services or the executive
5180 director of the Department of Workforce Services' designee; and
5181 (i) one member who has a degree in engineering and experience working in a
5182 government military installation, appointed by the governor.
5183 (2) (a) The private sector members appointed by the governor in Subsection (1)(a) shall
5184 represent a business or trade association whose primary focus is science, technology, or
5185 engineering.
5186 (b) Except as required by Subsection (2)(c), members appointed by the governor shall
5187 be appointed to four-year terms.
5188 (c) The length of terms of the members shall be staggered so that approximately half of
5189 the committee is appointed every two years.
5190 (d) The members may not serve more than two full consecutive terms except where the
5191 governor determines that an additional term is in the best interest of the state.
5192 (e) When a vacancy occurs in the membership for any reason, the replacement shall be
5193 appointed for the unexpired term.
5194 (3) Attendance of a simple majority of the members constitutes a quorum for the
5195 transaction of official committee business.
5196 (4) Formal action by the committee requires a majority vote of a quorum.
5197 (5) A member may not receive compensation or benefits for the member's service, but
5198 may receive per diem and travel expenses in accordance with:
5199 (a) Section 63A-3-106;
5200 (b) Section 63A-3-107; and
5201 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
5202 (6) The governor shall select the chair of the board to serve a two-year term.
5203 (7) The executive director of the office or the executive director's designee shall serve
5204 as the vice chair of the board.
5205 Section 66. Section 63N-12-212 is amended to read:
5206 63N-12-212. High school STEM education initiative.
5207 (1) Subject to legislative appropriations, after consulting with State Board of Education
5208 staff, the STEM Action Center shall award grants to school districts and charter schools to fund
5209 STEM related certification for high school students.
5210 (2) (a) A school district or charter school may apply for a grant from the STEM Action
5211 Center, through a competitive process, to fund the school district's or charter school's STEM
5212 related certification training program.
5213 (b) A school district's or charter school's STEM related certification training program
5214 shall:
5215 (i) prepare high school students to be job ready for available STEM related positions of
5216 employment; and
5217 (ii) when a student completes the program, result in the student gaining an
5218 industry-recognized employer STEM related certification.
5219 (3) A school district or charter school may partner with one or more of the following to
5220 provide a STEM related certification program:
5221 [
5222 (a) a technical college described in Section 53B-2a-105;
5223 (b) Salt Lake Community College;
5224 (c) Snow College;
5225 (d) Utah State University Eastern; or
5226 (e) a private sector employer.
5227 Section 67. Section 63N-12-213 is amended to read:
5228 63N-12-213. Computer science initiative for public schools.
5229 (1) As used in this section:
5230 (a) "Computational thinking" means the set of problem-solving skills and techniques
5231 that software engineers use to write programs that underlie computer applications, including
5232 decomposition, pattern recognition, pattern generalization, and algorithm design.
5233 (b) "Computer coding" means the process of writing script for a computer program or
5234 mobile device.
5235 (c) "Educator" means the same as that term is defined in Section 53A-6-103.
5236 (d) "Endorsement" means a stipulation, authorized by the State Board of Education and
5237 appended to a license, that specifies the areas of practice to which the license applies.
5238 (e) (i) "Institution of higher education" means the same as that term is defined in
5239 Section 53B-3-102.
5240 (ii) "Institution of higher education" includes [
5241
5242 (f) "Employer" means a private employer, public employer, industry association, union,
5243 or the military.
5244 (g) "License" means the same as that term is defined in Section 53A-6-103.
5245 (2) Subject to legislative appropriations, on behalf of the board, the staff of the board
5246 and the staff of the State Board of Education shall collaborate to develop and implement a
5247 computer science initiative for public schools by:
5248 (a) creating an online repository that:
5249 (i) is available for school districts and charter schools to use as a resource; and
5250 (ii) includes high quality computer science instructional resources that are designed to
5251 teach students in all grade levels:
5252 (A) computational thinking skills; and
5253 (B) computer coding skills;
5254 (b) providing for professional development on teaching computer science by:
5255 (i) including resources for educators related to teaching computational thinking and
5256 computer coding in the STEM education high quality professional development application
5257 described in Section 63N-12-210; and
5258 (ii) providing statewide or regional professional development institutes; and
5259 (c) awarding grants to a school district or charter school, on a competitive basis, that
5260 may be used to provide incentives for an educator to earn a computer science endorsement.
5261 (3) A school district or charter school may enter into an agreement with one or more of
5262 the following entities to jointly apply for a grant under Subsection (2)(c):
5263 (a) a school district;
5264 (b) a charter school;
5265 (c) an employer;
5266 (d) an institution of higher education; or
5267 (e) a non-profit organization.
5268 (4) To apply for a grant described in Subsection (2)(c), a school district or charter
5269 school shall submit a plan to the State Board of Education for the use of the grant, including a
5270 statement of purpose that describes the methods the school district or charter school proposes
5271 to use to incentivize an educator to earn a computer science endorsement.
5272 (5) The board and the State Board of Education shall encourage schools to
5273 independently pursue computer science and coding initiatives, subject to local school board or
5274 charter school governing board approval, based on the unique needs of the school's students.
5275 (6) The board shall include information on the status of the computer science initiative
5276 in the annual report described in Section 63N-12-208.
5277 Section 68. Section 67-1-12 is amended to read:
5278 67-1-12. Displaced defense workers.
5279 (1) The governor, through the Department of Workforce Services, may use funds
5280 specifically appropriated by the Legislature to benefit, in a manner prescribed by Subsection
5281 (2):
5282 (a) Department of Defense employees within the state who lose their employment
5283 because of reductions in defense spending by the federal government;
5284 (b) persons dismissed by a defense-related industry employer because of reductions in
5285 federal government defense contracts received by the employer; and
5286 (c) defense-related businesses in the state that have been severely and adversely
5287 impacted because of reductions in defense spending.
5288 (2) Funds appropriated under this section before fiscal year 1999-2000 but not
5289 expended shall remain with the agency that possesses the funds and shall be used in a manner
5290 consistent with this section. Any amount appropriated under this section in fiscal year
5291 1999-2000 or thereafter may be used to:
5292 (a) provide matching or enhancement funds for grants, loans, or other assistance
5293 received by the state from the United States Department of Labor, Department of Defense, or
5294 other federal agency to assist in retraining, community assistance, or technology transfer
5295 activities;
5296 (b) fund or match available private or public funds from the state or local level to be
5297 used for retraining, community assistance, technology transfer, or educational projects
5298 coordinated by state or federal agencies;
5299 (c) provide for retraining, upgraded services, and programs at [
5300 technical colleges, public schools, higher education institutions, or any other appropriate public
5301 or private entity that are designed to teach specific job skills requested by a private employer in
5302 the state or required for occupations that are in demand in the state;
5303 (d) aid public or private entities that provide assistance in locating new employment;
5304 (e) inform the public of assistance programs available for persons who have lost their
5305 employment;
5306 (f) increase funding for assistance and retraining programs;
5307 (g) provide assistance for small start-up companies owned or operated by persons who
5308 have lost their employment;
5309 (h) enhance the implementation of dual-use technologies programs, community
5310 adjustment assistance programs, or other relevant programs under Pub. L. No. 102-484; and
5311 (i) coordinate local and national resources to protect and enhance current Utah defense
5312 installations and related operations and to facilitate conversion or enhancement efforts by:
5313 (i) creating and operating state information clearinghouse operations that monitor
5314 relevant activities on the federal, state, and local level;
5315 (ii) identifying, seeking, and matching funds from federal and other public agencies
5316 and private donors;
5317 (iii) identifying and coordinating needs in different geographic areas;
5318 (iv) coordinating training and retraining centers;
5319 (v) coordinating technology transfer efforts between public entities, private entities,
5320 and institutions of higher education;
5321 (vi) facilitating the development of local and national awareness and support for Utah
5322 defense installations;
5323 (vii) studying the creation of strategic alliances, tax incentives, and relocation and
5324 consolidation assistance; and
5325 (viii) exploring feasible alternative uses for the physical and human resources at
5326 defense installations and in related industries should reductions in mission occur.
5327 (3) The governor, through the Department of Workforce Services, may coordinate and
5328 administer the expenditure of money under this section and collaborate with applied technology
5329 centers, public institutions of higher learning, or other appropriate public or private entities to
5330 provide retraining and other services described in Subsection (2).
5331 Section 69. Effective date.
5332 This bill takes effect on July 1, 2017, except that the amendments to Section 53B-1-104
5333 take effect on May 9, 2017.
5334 Section 70. Repealer.
5335 This bill repeals:
5336 Section 53B-6-101, Additional responsibilities of the board -- Studies and
5337 evaluations -- Master plan for higher education -- Productivity -- Institutional student
5338 assessment -- Biennial accountability report to the Legislature.
5339 Section 53B-6-102, Standardized systems prescribed by the board.
5340 Section 53B-6-103, Cooperation with nonmember institutions within the state.
5341 Section 53B-16-106, Board to establish electronics engineering program at Weber
5342 State University.
Legislative Review Note
Office of Legislative Research and General Counsel