Senator Ann Millner proposes the following substitute bill:


1     
HIGHER EDUCATION MODIFICATIONS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Val L. Peterson

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to higher education.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms, including defining the term "UTech" to mean the Utah System of
13     Technical Colleges;
14          ▸     removes a provision requiring Senate consent for the appointment of the student
15     member of the State Board of Regents;
16          ▸     permits the governor to remove, for cause, certain members of:
17               •     the State Board of Regents;
18               •     the Utah System of Technical Colleges Board of Trustees;
19               •     an institution of higher education board of trustees; and
20               •     a technical college board of directors;
21          ▸     amends provisions related to the role of a technical college board of directors in
22     relation to a technical college president;
23          ▸     amends the membership of a technical college board of directors;
24          ▸     creates a term limit for a member of a technical college board of directors;
25          ▸     provides that the State Board of Regents may make policies regarding tuition
26     waivers;
27          ▸     enacts provisions related to the Higher Education Strategic Planning Commission,
28     including:
29               •     creating the commission;
30               •     describing the membership of the commission; and
31               •     enacting powers and duties of the commission; and
32          ▸     makes technical and conforming changes.
33     Money Appropriated in this Bill:
34          This bill appropriates in fiscal year 2018:
35          ▸     to the Legislature - Legislative Services - Administration as a one-time
36     appropriation:
37               •     from the General Fund, One-time, $337,000;
38          ▸     to the Legislature - Senate - Administration as a one-time appropriation:
39               •     from the General Fund, One-time, $6,300; and
40          ▸     to the Legislature - House of Representatives - Administration as a one-time
41     appropriation:
42               •     from the General Fund, One-time, $6,300.
43     Other Special Clauses:
44          None
45     Utah Code Sections Affected:
46     AMENDS:
47          53B-1-104, as last amended by Laws of Utah 2017, Chapter 382
48          53B-2-102, as repealed and reenacted by Laws of Utah 2017, Chapter 382
49          53B-2-104, as last amended by Laws of Utah 2017, Chapter 382
50          53B-2a-101, as last amended by Laws of Utah 2017, Chapter 382
51          53B-2a-102, as last amended by Laws of Utah 2017, Chapter 382
52          53B-2a-103, as last amended by Laws of Utah 2017, Chapter 382
53          53B-2a-104, as last amended by Laws of Utah 2017, Chapters 365 and 382
54          53B-2a-105, as last amended by Laws of Utah 2017, Chapter 382
55          53B-2a-106, as last amended by Laws of Utah 2017, Chapter 382
56          53B-2a-107, as last amended by Laws of Utah 2017, Chapter 382
57          53B-2a-109, as last amended by Laws of Utah 2017, Chapter 382
58          53B-2a-112, as last amended by Laws of Utah 2017, Chapter 382
59          53B-2a-113, as last amended by Laws of Utah 2017, Chapter 382
60          53B-2a-114, as last amended by Laws of Utah 2017, Chapter 382
61          53B-8-101, as last amended by Laws of Utah 2017, Chapter 382
62          63I-2-253, as last amended by Laws of Utah 2017, Chapters 217, 223, 350, 365, 381,
63     386, and 468
64          63I-2-263, as last amended by Laws of Utah 2017, First Special Session, Chapter 1
65     ENACTS:
66          63C-19-101, Utah Code Annotated 1953
67          63C-19-102, Utah Code Annotated 1953
68          63C-19-201, Utah Code Annotated 1953
69          63C-19-202, Utah Code Annotated 1953
70     REPEALS AND REENACTS:
71          53B-2a-108, as last amended by Laws of Utah 2017, Chapter 382
72     

73     Be it enacted by the Legislature of the state of Utah:
74          Section 1. Section 53B-1-104 is amended to read:
75          53B-1-104. Membership of the board -- Student appointee -- Terms -- Oath --
76     Officers -- Committees -- Bylaws -- Meetings -- Quorum -- Vacancies -- Compensation.
77          (1) Except as provided in Subsection (2), the board consists of:
78          (a) [17] 16 residents of the state appointed by the governor with the consent of the
79     Senate, as follows:
80          [(a)] (i) eight [at large] at-large members; and
81          [(b)] (ii) eight members, each of whom is:
82          [(i)] (A) selected from three nominees presented to the governor by a higher education
83     institution board of trustees; and
84          [(ii)] (B) a current or former member of the institution of higher education board of
85     trustees that nominates the member; and
86          [(c)] (b) one member, [selected] appointed by the governor from three nominees
87     presented to the governor by the student body presidents of the institutions of higher education,
88     who:
89          (i) is a fully matriculated student enrolled in an institution of higher education; and
90          (ii) is not serving as a student body president at the time of the nomination.
91          (2) (a) (i) An individual appointed to the board on or before May 8, 2017, may serve on
92     the board, even if the individual does not fulfill a requirement for the composition of the board
93     described in Subsection (1).
94          (ii) The governor may reappoint a member described in Subsection (2)(a)(i) when the
95     member's term expires.
96          (b) An individual appointed to the board on or before May 8, 2017, who is a current or
97     former member of an institution of higher education board of trustees is the board member for
98     the institution of higher education described in Subsection (1)[(b)](a)(ii).
99          (c) (i) Subject to Subsection (2)(c)(ii), as positions on the board become vacant, the
100     governor shall ensure that newly appointed members move the board toward the composition
101     described in Subsection (1).
102          (ii) In appointing a new member to the board, the governor shall first appoint a member
103     described in Subsection (1)[(b)](a)(ii) until the eight positions described in Subsection
104     (1)[(b)](a)(ii) are filled.
105          (3) (a) All appointments to the board shall be made on a nonpartisan basis.
106          (b) In making appointments to the board, the governor shall consider:
107          (i) geographic representation of members;
108          (ii) diversity;
109          (iii) experience in higher education governance;
110          (iv) experience in economic development; and
111          (v) exposure to institutions of higher education.
112          (c) An individual may not serve simultaneously on the State Board of Regents and an
113     institution of higher education board of trustees.
114          (4) (a) Except as provided in [Subsection] Subsections (4)(b) and (c), members of the
115     board shall be appointed to six-year staggered terms, which begin on July 1 of the year of
116     appointment.
117          (b) A student member described in Subsection (1)[(c)](b) shall be appointed to a
118     one-year term.
119          (c) (i) The governor may remove a member of the board for cause.
120          (ii) The governor shall consult with the president of the Senate before removing a
121     member of the board.
122          (5) (a) A member of the board shall take the official oath of office before entering upon
123     the duties of office.
124          (b) The oath shall be filed with the Division of Archives and Records Services.
125          (6) The board shall elect a chair and vice chair from among the board's members who
126     shall serve terms of two years and until their successors are chosen and qualified.
127          (7) (a) The board shall appoint a secretary from the staff of the board's chief executive
128     to serve at the board's discretion.
129          (b) The secretary is a full-time employee who receives a salary set by the board.
130          (c) The secretary shall record and maintain a record of all board meetings and perform
131     other duties as the board directs.
132          (8) (a) The board may establish advisory committees.
133          (b) The powers and authority of the board are nondelegable, except as specifically
134     provided for in this title.
135          (c) All matters requiring board determination shall be addressed in a properly convened
136     meeting of the board or the board's executive committee.
137          (9) The board shall enact bylaws for the board's own government not inconsistent with
138     the constitution or the laws of this state.
139          (10) (a) The board shall meet regularly upon the board's own determination.
140          (b) The board may also meet, in full or executive session, at the request of the chair,
141     the executive officer, or five members of the board.
142          (11) A quorum of the voting members of the board is required to conduct the board's
143     business and consists of nine members.
144          (12) (a) A vacancy in the board occurring before the expiration of a voting member's
145     full term shall be immediately filled by appointment by the governor with the consent of the
146     Senate.
147          (b) An individual appointed under Subsection (12)(a) serves for the remainder of the
148     unexpired term.
149          (13) A board member may not receive compensation or benefits for the member's
150     service, but may receive per diem and travel expenses in accordance with:
151          (a) Section 63A-3-106;
152          (b) Section 63A-3-107; and
153          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
154     63A-3-107.
155          Section 2. Section 53B-2-102 is amended to read:
156          53B-2-102. Board to appoint president for each institution.
157          (1) As used in this section:
158          (a) "Institution of higher education" means an institution that is part of the Utah System
159     of Higher Education described in Subsection 53B-1-102(1)(a).
160          (b) "Search committee" means a committee that selects finalists for a position as an
161     institution of higher education president.
162          (2) The board shall appoint a president for each institution of higher education.
163          (3) An institution of higher education president serves at the pleasure of the board.
164          (4) (a) To appoint an institution of higher education president, the board shall establish
165     a search committee that includes representatives of faculty, staff, students, the institution of
166     higher education board of trustees, alumni, the outgoing institution of higher education
167     president's executive council or cabinet, and the board.
168          (b) A search committee shall be cochaired by a member of the board and a member of
169     the institution of higher education board of trustees.
170          (c) A search committee described in Subsection (4)(a) shall forward three to five
171     finalists to the board to consider for a position as an institution of higher education president.
172          (d) A search committee may not forward an individual to the board as a finalist unless
173     two-thirds of the search committee members, as verified by the commissioner, find the
174     individual to be qualified and likely to succeed as an institution of higher education president.
175          (5) (a) The board shall select an institution of higher education president from among
176     the finalists presented by a search committee.
177          (b) If the board is not satisfied with the finalists forwarded by a search committee, the
178     board may direct the search committee to resume the search process until the search committee
179     has forwarded three finalists with [which] whom the board is satisfied.
180          (6) The board, through the commissioner, shall create a comprehensive, active
181     recruiting plan to ensure a strong, diverse pool of potential candidates for institution of higher
182     education presidents.
183          (7) (a) Except as provided in Subsection (7)(b), a record or information gathered or
184     generated during the search process, including a candidate's application and the search
185     committee's deliberations, is confidential and is a protected record under Section 63G-2-305.
186          (b) Application materials for a publicly named finalist described in Subsection (5)(a)
187     are not protected records under Section 63G-2-305.
188          Section 3. Section 53B-2-104 is amended to read:
189          53B-2-104. Memberships of board of trustees -- Terms -- Vacancies -- Oath --
190     Officers -- Bylaws -- Quorum -- Committees -- Compensation -- Applicability to technical
191     colleges.
192          (1) (a) Except as provided in Subsection (10), the board of trustees of an institution of
193     higher education consists of the following:
194          (i) except as provided in Subsection 53B-18-1201(3)(b), eight individuals appointed by
195     the governor with the consent of the Senate; and
196          (ii) two ex officio members who are the president of the institution's alumni
197     association, and the president of the associated students of the institution.
198          (b) The appointed members of the boards of trustees for Utah Valley University and
199     Salt Lake Community College shall be representative of the interests of business, industry, and
200     labor.
201          (2) (a) The governor shall appoint four members of each board of trustees during each
202     odd-numbered year to four-year terms commencing on July 1 of the year of appointment.
203          (b) [An appointed member] Except as provided in Subsection (2)(d), a member
204     appointed under Subsection (1)(a)(i) holds office until a successor is appointed and qualified.
205          (c) The ex officio members serve for the same period as they serve as presidents and
206     until their successors have qualified.
207          (d) (i) The governor may remove a member appointed under Subsection (1)(a)(i) for
208     cause.
209          (ii) The governor shall consult with the president of the Senate before removing a
210     member appointed under Subsection (1)(a)(i).
211          (3) When a vacancy occurs in the membership of a board of trustees for any reason, the
212     replacement shall be appointed for the unexpired term.
213          (4) (a) Each member of a board of trustees shall take the official oath of office prior to
214     assuming the office.
215          (b) The oath shall be filed with the Division of Archives and Records Services.
216          (5) A board of trustees shall elect a chair and vice chair, who serve for two years and
217     until their successors are elected and qualified.
218          (6) (a) A board of trustees may enact bylaws for the board of trustees' own government,
219     including provisions for regular meetings.
220          (b) (i) A board of trustees may provide for an executive committee in the board of
221     trustees' bylaws.
222          (ii) If established, an executive committee shall have full authority of the board of
223     trustees to act upon routine matters during the interim between board of trustees meetings.
224          (iii) An executive committee may act on nonroutine matters only under extraordinary
225     and emergency circumstances.
226          (iv) An executive committee shall report the executive committee's activities to the
227     board of trustees at the board of trustees' next regular meeting following the action.
228          (c) Copies of a board of trustees' bylaws shall be filed with the board.
229          (7) A quorum is required to conduct business and consists of six members.
230          (8) A board of trustees may establish advisory committees.
231          (9) A member may not receive compensation or benefits for the member's service, but
232     may receive per diem and travel expenses in accordance with:
233          (a) Section 63A-3-106;
234          (b) Section 63A-3-107; and
235          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
236     63A-3-107.
237          (10) This section does not apply to a technical college board of directors described in
238     Section 53B-2a-108.
239          Section 4. Section 53B-2a-101 is amended to read:
240          53B-2a-101. Definitions.
241          As used in this chapter:
242          (1) "Board of trustees" means the [Utah System of Technical Colleges] UTech Board
243     of Trustees.
244          (2) "Commissioner of technical education" means the [Utah System of Technical
245     Colleges] UTech commissioner of technical education.
246          (3) "Competency-based" means mastery of subject matter or skill level, as
247     demonstrated through business and industry approved standards and assessments, achieved
248     through participation in a hands-on learning environment, and which is tied to observable,
249     measurable performance objectives.
250          [(4) "Member" means a member of the board of trustees.]
251          [(5)] (4) "Open-entry, open-exit" means:
252          (a) a method of instructional delivery that allows for flexible scheduling in response to
253     individual student needs or requirements and demonstrated competency when knowledge and
254     skills have been mastered;
255          (b) students have the flexibility to begin or end study at any time, progress through
256     course material at their own pace, and demonstrate competency when knowledge and skills
257     have been mastered; and
258          (c) if competency is demonstrated in a program of study, a credential, certificate, or
259     diploma may be awarded.
260          (5) "UTech" means the Utah System of Technical Colleges described in Section
261     53B-1-102.
262          Section 5. Section 53B-2a-102 is amended to read:
263          53B-2a-102. Commissioner of technical education -- Appointment -- Duties.
264          (1) (a) The board of trustees, upon approval from the governor and with the consent of
265     the Senate, shall appoint a commissioner of technical education to serve as the board of
266     trustees' chief executive officer.
267          (b) The commissioner of technical education shall:
268          (i) have an appropriate and relevant educational background, including, at a minimum,
269     a master's degree; and
270          (ii) have extensive experience in career and technical education.
271          (c) The commissioner of technical education shall serve at the board of trustees'
272     discretion and may be terminated by:
273          (i) the board of trustees; or
274          (ii) the governor, after consultation with the board of trustees.
275          (d) If the board of trustees intends to appoint an interim or acting commissioner of
276     technical education during a leave of absence of the commissioner of technical education, the
277     board of trustees shall appoint the interim or acting commissioner of technical education with
278     the consent of the Senate.
279          (e) The name of each final candidate for commissioner of technical education shall be
280     publicly disclosed.
281          (2) The board of trustees shall:
282          (a) set the salary of the commissioner of technical education;
283          (b) prescribe the duties and functions of the commissioner of technical education; and
284          (c) select a commissioner of technical education on the basis of outstanding
285     professional qualifications.
286          (3) The commissioner of technical education is responsible to the board of trustees to:
287          (a) ensure that the policies and programs of the board of trustees are properly executed;
288          (b) furnish information about [the Utah System of Technical Colleges] UTech and
289     make recommendations regarding the information to the board of trustees;
290          (c) provide state-level leadership in an activity affecting a technical college; and
291          (d) perform other duties as assigned by the board of trustees in carrying out the board
292     of trustees' duties and responsibilities.
293          Section 6. Section 53B-2a-103 is amended to read:
294          53B-2a-103. UTech Board of Trustees -- Membership -- Terms -- Vacancies --
295     Oath -- Officers -- Quorum -- Committees -- Compensation.
296          (1) There is created the [Utah System of Technical Colleges] UTech Board of Trustees.
297          (2) Except as provided in Subsections (3) and (4), the board of trustees is composed of
298     the following members:
299          (a) one member, representing business and industry employers from each technical
300     college board of directors, appointed by a majority vote of the business and industry employer
301     members of the technical college board of directors;
302          (b) one member representing business and industry employers from the Snow College
303     Economic Development and Workforce Preparation Advisory Committee appointed by a
304     majority of the business and industry employer members of the advisory committee;
305          (c) one member representing business and industry employers from the Utah State
306     University Eastern career and technical education advisory committee appointed by a majority
307     of the business and industry employer members of the advisory committee;
308          (d) one member representing business and industry employers from the Salt Lake
309     Community College School of Applied Technology Board of Directors appointed by a majority
310     of the business and industry employer members of the board of directors;
311          (e) one business or industry employer representative appointed by the governor with
312     the consent of the Senate from nominations submitted by the speaker of the House of
313     Representatives and president of the Senate;
314          (f) one representative of union craft, trade, or apprenticeship programs that prepare
315     workers for employment in career and technical education fields, appointed by the governor
316     with the consent of the Senate;
317          (g) one representative of non-union craft, trade, or apprenticeship programs that
318     prepare workers for employment in career and technical education fields, appointed by the
319     governor with the consent of the Senate; and
320          (h) the executive director of the Governor's Office of Economic Development or the
321     executive director's designee.
322          (3) (a) Beginning on July 1, 2019, the board of trustees is composed of 15 members
323     appointed by the governor with the consent of the Senate, as follows:
324          (i) one member selected from at least two nominees presented to the governor by the
325     board of directors of each technical college, for a total of eight members; and
326          (ii) one member who is employed in and represents each of the following sectors:
327          (A) information technology;
328          (B) manufacturing;
329          (C) life sciences;
330          (D) health care;
331          (E) transportation;
332          (F) union craft, trade, or apprenticeship; and
333          (G) non-union craft, trade, or apprenticeship.
334          (b) The seven members described in Subsection (3)(a)(ii) shall be selected from the
335     state at large, subject to the following conditions:
336          (i) at least four members shall reside in a geographic area served by a technical college;
337     and
338          (ii) no more than two members may reside in a single geographic area served by a
339     technical college.
340          (c) The governor shall make appointments to the board of trustees on a nonpartisan
341     basis.
342          (d) An individual may not serve on the board of trustees and a technical college board
343     of directors simultaneously.
344          (4) (a) To transition from the composition of the board of trustees described in
345     Subsection (2) to the composition described in Subsection (3), for a member who was
346     appointed to the board of trustees on or before May 10, 2016, the governor shall appoint a
347     replacement:
348          (i) when the member's current term expires, for a member who, on May 10, 2016, has
349     served less than two consecutive full terms on the board of trustees; or
350          (ii) on May 10, 2016, for a member who, on May 10, 2016, has served two or more
351     consecutive full terms on the board of trustees.
352          (b) In replacing a member who was appointed under Subsection (2)(a), the governor
353     shall appoint a member for the technical college represented by the member whose term
354     expires by:
355          (i) soliciting the technical college's board of directors to nominate at least two
356     individuals for the position; and
357          (ii) selecting from the nominees presented.
358          (c) In replacing a member who was appointed under Subsections (2)(b) through (2)(h),
359     the governor shall appoint a new member at large, ensuring representation from the sectors
360     described in Subsection (3)(a)(ii).
361          (d) In making an appointment under this Subsection (4), the governor:
362          (i) shall appoint a member on a nonpartisan basis; and
363          (ii) may not reappoint the member who is being replaced if the member has served on
364     the board of trustees for at least two consecutive full terms.
365          (5) (a) (i) Except as provided under Subsection (5)(a)(ii), a member shall be appointed
366     commencing on July 1 of each odd-numbered year to a four-year term.
367          (ii) The governor shall ensure that member terms are staggered so that approximately
368     one-half of the members' terms expire in any odd-numbered year.
369          (b) A member may not hold office for more than two consecutive full terms.
370          (c) (i) The governor may remove a member of the board of trustees for cause.
371          (ii) The governor shall consult with the president of the Senate before removing a
372     member of the board of trustees.
373          (6) When a vacancy occurs on the board of trustees for any reason, the governor shall
374     appoint a replacement for the unexpired term.
375          (7) (a) Each member shall take the official oath of office prior to assuming the office.
376          (b) The oath shall be filed with the Division of Archives and Records Services.
377          (8) (a) The board of trustees shall elect a chair and vice chair, who serve for two years
378     and until their successors are elected and qualified.
379          (b) A member may not serve more than two consecutive terms as the chair or vice
380     chair.
381          (9) (a) The board of trustees shall enact bylaws for the board of trustees' own
382     government, including provisions for regular meetings.
383          (b) (i) The board of trustees shall provide for an executive committee in the board of
384     trustees' bylaws.
385          (ii) The executive committee shall have full authority of the board of trustees to act
386     upon routine matters during the interim between board of trustees meetings.
387          (iii) The executive committee may act on nonroutine matters only under extraordinary
388     and emergency circumstances.
389          (iv) The executive committee shall report the executive committee's activities to the
390     board of trustees at the board of trustees' next regular meeting following the executive
391     committee's activities.
392          (10) A quorum shall be required to conduct business which shall consist of a majority
393     of board of trustee members.
394          (11) The board of trustees may establish advisory committees.
395          (12) A member may not receive compensation or benefits for the member's service, but
396     may receive per diem and travel expenses in accordance with:
397          (a) Section 63A-3-106;
398          (b) Section 63A-3-107; and
399          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
400     63A-3-107.
401          Section 7. Section 53B-2a-104 is amended to read:
402          53B-2a-104. Board of trustees powers and duties.
403          (1) The board of trustees is vested with the control, management, and supervision of
404     technical colleges in a manner consistent with the policy and purpose of this title and the
405     specific powers and responsibilities granted to the board of trustees.
406          (2) The board of trustees shall:
407          (a) ensure that a technical college complies with the requirements in Section
408     53B-2a-106;
409          (b) appoint the commissioner of technical education in accordance with Section
410     53B-2a-102;
411          (c) advise the commissioner of technical education and the State Board of Regents on
412     issues related to career and technical education, including articulation with institutions of
413     higher education and public education;
414          (d) ensure that a secondary student in the public education system has access to career
415     and technical education through a technical college in the secondary student's service region;
416          (e) in consultation with the State Board of Education, the State Board of Regents, and
417     technical college presidents, develop strategies for providing career and technical education in
418     rural areas, considering distances between rural career and technical education providers;
419          (f) receive budget requests from each technical college, compile and prioritize the
420     requests, and submit the request to:
421          (i) the Legislature; and
422          (ii) the Governor's Office of Management and Budget;
423          (g) receive funding requests pertaining to capital facilities and land purchases from
424     each technical college, ensure that the requests comply with Section 53B-2a-112, prioritize the
425     requests, and submit the prioritized requests to the State Building Board;
426          (h) comply with Chapter 7, Part 7, Performance Funding;
427          (i) in conjunction with the commissioner of technical education, establish benchmarks,
428     provide oversight, evaluate program performance, and obtain independent audits to ensure that
429     a technical college follows the noncredit career and technical education mission described in
430     this part;
431          (j) approve programs for [the Utah System of Technical Colleges] UTech;
432          (k) approve the tuition rates for technical colleges;
433          (l) prepare and submit an annual report detailing the board of trustees' progress and
434     recommendations on career and technical education issues to the governor and to the
435     Legislature's Education Interim Committee by October 31 of each year, which shall include
436     information detailing:
437          (i) how the career and technical education needs of secondary students are being met,
438     including what access secondary students have to programs offered at technical colleges;
439          (ii) how the emphasis on high demand, high wage, and high skill jobs in business and
440     industry described in Section 53B-2a-106 is being provided;
441          (iii) performance outcomes, including:
442          (A) performance on the metrics described in Section 53B-7-707; and
443          (B) earnings; and
444          (iv) student tuition and fees; and
445          (m) collaborate with the State Board of Regents, the State Board of Education, the
446     Department of Workforce Services, and the Governor's Office of Economic Development on
447     the delivery of career and technical education.
448          (3) The board of trustees, the commissioner of technical education, or a technical
449     college president or board of directors may not conduct a feasibility study or perform another
450     act relating to offering a degree or awarding credit.
451          Section 8. Section 53B-2a-105 is amended to read:
452          53B-2a-105. UTech Composition.
453          [The Utah System of Technical Colleges] UTech is composed of the following
454     technical colleges:
455          (1) Bridgerland Technical College, which serves the geographic area encompassing:
456          (a) the Box Elder School District;
457          (b) the Cache School District;
458          (c) the Logan School District; and
459          (d) the Rich School District;
460          (2) Ogden-Weber Technical College, which serves the geographic area encompassing:
461          (a) the Ogden City School District; and
462          (b) the Weber School District;
463          (3) Davis Technical College, which serves the geographic area encompassing:
464          (a) the Davis School District; and
465          (b) the Morgan School District;
466          (4) Tooele Technical College, which serves the geographic area encompassing the
467     Tooele County School District;
468          (5) Mountainland Technical College, which serves the geographic area encompassing:
469          (a) the Alpine School District;
470          (b) the Nebo School District;
471          (c) the Provo School District;
472          (d) the South Summit School District;
473          (e) the North Summit School District;
474          (f) the Wasatch School District; and
475          (g) the Park City School District;
476          (6) Uintah Basin Technical College, which serves the geographic area encompassing:
477          (a) the Daggett School District;
478          (b) the Duchesne School District; and
479          (c) the Uintah School District;
480          (7) Southwest Technical College, which serves the geographic area encompassing:
481          (a) the Beaver School District;
482          (b) the Garfield School District;
483          (c) the Iron School District; and
484          (d) the Kane School District; and
485          (8) Dixie Technical College, which serves the geographic area encompassing the
486     Washington School District.
487          Section 9. Section 53B-2a-106 is amended to read:
488          53B-2a-106. Technical colleges -- Duties.
489          (1) Each technical college shall, within the geographic area served by the technical
490     college:
491          (a) offer a noncredit postsecondary and secondary career and technical education
492     curriculum;
493          (b) offer that curriculum at:
494          (i) low cost to adult students, as approved by the board of trustees; and
495          (ii) no tuition to secondary students;
496          (c) provide career and technical education that will result in:
497          (i) appropriate licensing, certification, or other evidence of completion of training; and
498          (ii) qualification for specific employment, with an emphasis on high demand, high
499     wage, and high skill jobs in business and industry;
500          (d) develop cooperative agreements with school districts, charter schools, other higher
501     education institutions, businesses, industries, and community and private agencies to maximize
502     the availability of instructional facilities within the geographic area served by the technical
503     college; and
504          (e) after consulting with school districts and charter schools within the geographic area
505     served by the technical college:
506          (i) ensure that secondary students in the public education system have access to career
507     and technical education at the technical college; and
508          (ii) prepare and submit an annual report to the board of trustees detailing:
509          (A) how the career and technical education needs of secondary students within the
510     region are being met;
511          (B) what access secondary students within the region have to programs offered at the
512     technical college;
513          (C) how the emphasis on high demand, high wage, high skill jobs in business and
514     industry described in Subsection (1)(c)(ii) is being provided; and
515          (D) student tuition and fees.
516          (2) A technical college may offer:
517          (a) a competency-based high school diploma approved by the State Board of Education
518     in accordance with Section 53A-1-402;
519          (b) noncredit, basic instruction in areas such as reading, language arts, and
520     mathematics that are necessary for student success in a chosen career and technical education
521     or job-related program;
522          (c) noncredit courses of interest when similar offerings to the community are limited
523     and courses are financially self-supporting; and
524          (d) secondary school level courses through the Statewide Online Education Program in
525     accordance with Section 53A-15-1205.
526          (3) Except as provided in Subsection (2)(d), a technical college may not:
527          (a) offer courses other than noncredit career and technical education or the noncredit,
528     basic instruction described in Subsections (2)(b) and (c);
529          (b) offer a degree;
530          (c) offer career and technical education or basic instruction outside the geographic area
531     served by the technical college without a cooperative agreement between an affected
532     institution, except as provided in Subsection (6);
533          (d) provide tenure or academic rank for its instructors; or
534          (e) participate in intercollegiate athletics.
535          (4) The mission of a technical college is limited to noncredit career and technical
536     education and may not expand to include credit-based academic programs typically offered by
537     community colleges or other institutions of higher education.
538          (5) A technical college shall be recognized as a member of [the Utah System of
539     Technical Colleges] UTech, and regional affiliation shall be retained and recognized through
540     local designations such as "Bridgerland Technical College: A member technical college of the
541     Utah System of Technical Colleges."
542          (6) (a) A technical college may offer career and technical education or basic instruction
543     outside the geographic area served by the technical college without a cooperative agreement, as
544     required in Subsection (3)(c), if:
545          (i) the career and technical education or basic instruction is specifically requested by:
546          (A) an employer; or
547          (B) a craft, trade, or apprenticeship program;
548          (ii) the technical college notifies the affected institution about the request; and
549          (iii) the affected institution is given an opportunity to make a proposal, prior to any
550     contract being finalized or training being initiated by the technical college, to the employer,
551     craft, trade, or apprenticeship program about offering the requested career and technical
552     education or basic instruction, provided that the proposal shall be presented no later than one
553     business week from the delivery of the notice described under Subsection (6)(a)(ii).
554          (b) The requirements under Subsection (6)(a)(iii) do not apply if there is a prior
555     training relationship.
556          Section 10. Section 53B-2a-107 is amended to read:
557          53B-2a-107. Technical college presidents -- Appointments -- Duties.
558          (1) (a) The board of trustees shall[, after consultation with a technical college board of
559     directors,] appoint a president for [the] each technical college.
560          (b) The board of trustees shall establish a policy for appointing a technical college
561     president that:
562          (i) requires the board of trustees to create a search committee that:
563          (A) includes an equal number of board of trustees members and members from the
564     technical college board of directors; and
565          (B) may include technical college faculty, students, or other individuals;
566          (ii) requires the search committee to seek nominations, interview candidates, and
567     forward qualified candidates to the board of trustees for consideration;
568          (iii) provides for at least two members of the technical college board of directors to
569     participate in board of trustees' interviews of finalists; and
570          (iv) provides for the board of trustees to vote to appoint a technical college president in
571     a meeting that complies with Title 52, Chapter 4, Open and Public Meetings Act.
572          (2) (a) A technical college president shall serve as the chief executive officer of the
573     technical college.
574          (b) A technical college president does not need to have a doctorate degree, but shall
575     have extensive experience in career and technical education.
576          (c) A technical college president is subject to regular review and evaluation
577     administered by the board of trustees, in [cooperation] consultation with the technical college
578     board of directors, through a process approved by the board of trustees.
579          (d) A technical college president serves at the [discretion] pleasure of the board of
580     trustees[, in cooperation with the technical college board of directors].
581          (e) The board of trustees, in [cooperation] consultation with a technical college board
582     of directors, shall set the compensation for the technical college president using market survey
583     information.
584          (3) A technical college president shall:
585          (a) serve as the executive officer of the technical college board of directors;
586          (b) administer the day-to-day operations of the technical college;
587          (c) consult with the technical college board of directors; and
588          (d) administer human resource policies and employee compensation plans in
589     accordance with the requirements of the board of trustees.
590          Section 11. Section 53B-2a-108 is repealed and reenacted to read:
591          53B-2a-108. Technical college boards of directors -- Membership --
592     Appointments.
593          (1) As used in this section:
594          (a) "Higher education institution" means the same as that term is defined in Section
595     53B-2a-112.
596          (b) "Technical college service area" means the geographic area served by each
597     technical college as described in Section 53B-2a-105.
598          (2) A technical college board of directors consists of:
599          (a) one member of the local school board for each school district in the technical
600     college service area, appointed by the local school board to which the member belongs;
601          (b) except as provided in Subsection (3)(b), one individual who is a member of the
602     higher education institution board of trustees, appointed by the higher education institution
603     board of trustees; and
604          (c) a number of individuals, appointed by the governor with the consent of the Senate,
605     that is:
606          (i) seven for:
607          (A) Tooele Technical College;
608          (B) Uintah Basin Technical College; and
609          (C) Dixie Technical College;
610          (ii) eight for:
611          (A) Bridgerland Technical College;
612          (B) Ogden-Weber Technical College;
613          (C) Davis Technical College; and
614          (D) Southwest Technical College; or
615          (iii) nine for Mountainland Technical College.
616          (3) (a) In appointing the members described in Subsection (2)(c), the governor shall
617     appoint individuals who represent the interests of business, industry, or labor in the technical
618     college service area.
619          (b) If no member of the institution of higher education board of trustees lives within
620     the technical college service area, the institution of higher education board of trustees may
621     nominate an individual to be appointed by the governor with the consent of the Senate instead
622     of appointing a member described in Subsection (2)(b).
623          (4) (a) The governor may remove a member appointed under Subsection (2)(c) or
624     (3)(b) for cause.
625          (b) The governor shall consult with the president of the Senate before removing a
626     member appointed under Subsection (2)(c) or (3)(b).
627          (5) (a) Notwithstanding Subsection (2) or 53B-2a-109(2), an individual appointed to a
628     technical college board of directors on or before May 7, 2018, may continue to serve on the
629     technical college board of directors until the end of the individual's current term, even if the
630     total number of members on the technical college board of directors exceeds the number of
631     members for the technical college board of directors described in Subsection (2).
632          (b) Notwithstanding Subsection (2), the governor may only make an appointment
633     described in Subsection (2)(c) if the number of members on the technical college board of
634     directors following the appointment will be less than or equal to the number of members for the
635     technical college board of directors described in Subsection (2).
636          Section 12. Section 53B-2a-109 is amended to read:
637          53B-2a-109. Technical college boards of directors -- Terms -- Quorum -- Chair --
638     Compensation.
639          [(1) (a) At the first meeting of a technical college board of directors after July 1, 2009:]
640          [(i) the representatives from the local school boards shall divide up their positions so
641     that approximately half of them serve for two-year terms and half serve for four-year terms;
642     and]
643          [(ii) the representatives from business and industry employers shall divide up their
644     positions so that approximately half of them serve for two-year terms and half serve for
645     four-year terms.]
646          [(b) Except as provided in Subsection (1)(a), individuals appointed to]
647          (1) (a) Except as provided in this Subsection (1), a member of a technical college board
648     of directors [shall serve] is appointed to a four-year [terms] term.
649          (b) The governor may appoint a member described in Subsection 53B-2a-108(2)(c) to a
650     two-year term to ensure that the terms of approximately half of the members described in
651     Subsection 53B-2a-108(2)(c) expire every other year.
652          (c) When a vacancy occurs in the membership of a technical college board of directors,
653     the appointing authority for the vacant position described in Section 53B-2a-108 shall appoint a
654     replacement for the remainder of the term.
655          (d) An appointed member holds office until a successor is appointed in accordance
656     with Section 53B-2a-108.
657          (2) A member of a technical college board of directors may not hold office for more
658     than two consecutive full terms.
659          [(2) The original appointing authority shall fill any vacancies that occur on a technical
660     college board of directors.]
661          (3) A majority of a technical college board of directors is a quorum.
662          (4) A technical college board of directors shall elect a chair from the technical college
663     board of directors' membership.
664          (5) A member of a technical college board of directors may not receive compensation
665     or benefits for the member of the technical college board of director's service, but may receive
666     per diem and travel expenses in accordance with:
667          (a) Section 63A-3-106;
668          (b) Section 63A-3-107; and
669          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
670     63A-3-107.
671          (6) (a) A technical college board of directors may enact bylaws for the technical college
672     board of directors' own government, including provisions for regular meetings, that are in
673     accordance with the policies of the board of trustees.
674          (b) (i) A technical college board of directors may provide for an executive committee in
675     the technical college board of directors' bylaws.
676          (ii) If established, an executive committee shall have the full authority of the technical
677     college board of directors to act upon routine matters during the interim between board of
678     directors' meetings.
679          (iii) An executive committee may act on nonroutine matters only under extraordinary
680     and emergency circumstances.
681          (iv) An executive committee shall report the executive committee's activities to the
682     technical college board of directors at the technical college board of directors' next regular
683     meeting following the activities.
684          (7) A technical college board of directors may establish advisory committees.
685          Section 13. Section 53B-2a-112 is amended to read:
686          53B-2a-112. Technical colleges -- Relationships with other public and higher
687     education institutions -- Agreements -- Priorities -- New capital facilities.
688          (1) As used in this section, "higher education institution" means[, for each technical
689     college, the higher education institution designated in Section 53B-2a-108 that has a
690     representative on the technical college's board of directors.]:
691          (a) Utah State University for:
692          (i) Bridgerland Technical College;
693          (ii) Tooele Technical College; and
694          (iii) Uintah Basin Technical College;
695          (b) Weber State University for:
696          (i) Ogden-Weber Technical College; and
697          (ii) Davis Technical College;
698          (c) Utah Valley University for Mountainland Technical College;
699          (d) Southern Utah University for Southwest Technical College; and
700          (e) Dixie State University for Dixie Technical College.
701          (2) A technical college shall avoid any unnecessary duplication of career and technical
702     education instructional facilities, programs, administration, and staff between the technical
703     college and other public and higher education institutions.
704          (3) A technical college may enter into agreements:
705          (a) with other higher education institutions to cultivate cooperative relationships;
706          (b) with other public and higher education institutions to enhance career and technical
707     education within [its] the technical college's region; or
708          (c) to comply with Subsection (2).
709          (4) Before a technical college develops new instructional facilities, the technical
710     college shall give priority to:
711          (a) maintaining the technical college's existing instructional facilities for both
712     secondary and adult students;
713          (b) coordinating with the president of [a] the technical college's higher education
714     institution and entering into any necessary agreements to provide career and technical
715     education to [both] secondary and adult students that:
716          (i) maintain and support existing higher education career and technical education
717     programs; and
718          (ii) maximize the use of existing higher education facilities; and
719          (c) developing cooperative agreements with school districts, charter schools, other
720     higher education institutions, businesses, industries, and community and private agencies to
721     maximize the availability of career and technical education instructional facilities for both
722     secondary and adult students.
723          (5) (a) Before submitting a funding request pertaining to new capital facilities and land
724     purchases to the board of trustees, a technical college shall:
725          (i) ensure that all available instructional facilities are maximized in accordance with
726     Subsections (4)(a) through (c); and
727          (ii) coordinate the request with the president of [a] the technical college's higher
728     education institution, if applicable.
729          (b) The State Building Board shall make a finding that the requirements of this section
730     are met before the State Building Board may consider a funding request from the board of
731     trustees pertaining to new capital facilities and land purchases.
732          (c) A technical college may not construct, approve the construction of, plan for the
733     design or construction of, or consent to the construction of a career and technical education
734     facility without approval of the Legislature.
735          (6) Before acquiring new fiscal and administrative support structures, a technical
736     college shall:
737          (a) review the use of existing public or higher education administrative and accounting
738     systems, financial record systems, and student and financial aid systems for the delivery of
739     career and technical education in the region;
740          (b) determine [whether it is feasible to use those] the feasibility of using existing
741     systems; and
742          (c) with the approval of the technical college board of directors and the board of
743     trustees, use [those] the existing systems.
744          Section 14. Section 53B-2a-113 is amended to read:
745          53B-2a-113. Technical colleges -- Leasing authority -- Lease-purchase agreements
746     -- Report.
747          (1) In accordance with Subsection 53B-2a-112(2), a technical college may enter into a
748     lease with other higher education institutions, school districts, charter schools, state agencies,
749     or business and industry for a term of:
750          (a) one year or less with the approval of the technical college board of directors; or
751          (b) more than one year with the approval of the board of trustees and:
752          (i) the approval of funding for the lease by the Legislature prior to a technical college
753     entering into the lease; or
754          (ii) the lease agreement includes language that allows termination of the lease without
755     penalty.
756          (2) (a) In accordance with Subsection 53B-2a-112(2), a technical college may enter
757     into a lease-purchase agreement if:
758          (i) there is a long-term benefit to the state;
759          (ii) the project is included in both the technical college and [Utah System of Technical
760     Colleges] UTech master plans;
761          (iii) the lease-purchase agreement includes language that allows termination of the
762     lease;
763          (iv) the lease-purchase agreement is approved by the technical college board of
764     directors and the board of trustees; and
765          (v) the lease-purchase agreement is:
766          (A) reviewed by the Division of Facilities Construction and Management;
767          (B) reviewed by the State Building Board; and
768          (C) approved by the Legislature.
769          (b) An approval under Subsection (2)(a) shall include a recognition of:
770          (i) all parties, dates, and elements of the agreement;
771          (ii) the equity or collateral component that creates the benefit; and
772          (iii) the options dealing with the sale and division of equity.
773          (3) (a) Each technical college shall provide an annual lease report to the board of
774     trustees that details each of the technical college's leases, annual costs, location, square footage,
775     and recommendations for lease continuation.
776          (b) The board of trustees shall compile and distribute an annual combined lease report
777     for all technical colleges to the Division of Facilities Construction and Management and to
778     others upon request.
779          (4) The board of trustees shall use the annual combined lease report in determining
780     planning, utilization, and budget requests.
781          Section 15. Section 53B-2a-114 is amended to read:
782          53B-2a-114. Educational program on the use of information technology.
783          (1) [The Utah System of Technical Colleges] UTech shall offer an educational program
784     on the use of information technology as provided in this section.
785          (2) An educational program on the use of information technology shall:
786          (a) provide instruction on skills and competencies essential for the workplace and
787     requested by employers;
788          (b) include the following components:
789          (i) a curriculum;
790          (ii) online access to the curriculum;
791          (iii) instructional software for classroom and student use;
792          (iv) certification of skills and competencies most frequently requested by employers;
793          (v) professional development for faculty; and
794          (vi) deployment and program support, including integration with existing curriculum
795     standards; and
796          (c) be made available to students, faculty, and staff of technical colleges.
797          Section 16. Section 53B-8-101 is amended to read:
798          53B-8-101. Waiver of tuition.
799          (1) (a) The president of an institution of higher education described in Section
800     53B-2-101 may waive all or part of the tuition [in] on behalf of meritorious or impecunious
801     resident students to an amount not exceeding 10% of the total amount of tuition which, in the
802     absence of the waivers, would have been collected from all Utah resident students at the
803     institution of higher education.
804          (b) (i) Two and a half percent of the waivers designated in Subsection (1)(a) shall be
805     set aside for members of the Utah National Guard. [Waivers]
806          (ii) A waiver described in Subsection (1)(b)(i) shall be preserved by the student at least
807     60 days before the beginning of an academic term.
808          (2) (a) A president of an institution of higher education listed in Subsections
809     53B-2-101(1)(a) through (h) may waive all or part of the nonresident portion of tuition for a
810     meritorious nonresident undergraduate student.
811          (b) In determining which students are meritorious for purposes of granting a tuition
812     waiver under Subsection (2)(a), a president shall consider students who are performing above
813     the average at the institution of higher education, including having an admissions index higher
814     than the average for the institution, if an admissions index is used.
815          (c) A president of an institution of higher education may continue to waive the
816     nonresident portion of tuition for a student described in Subsection (2)(a) for as long as the
817     student is enrolled at the institution of higher education.
818          (d) In addition to waiving the nonresident portion of tuition for a meritorious
819     nonresident student under Subsection (2)(a), a president of an institution of higher education
820     may waive the resident portion of tuition after the meritorious nonresident student completes a
821     year of full-time study at the institution of higher education.
822          (3) To encourage students to enroll for instruction in occupations critical to the state for
823     which trained personnel are in short supply, a president of an institution of higher education
824     shall grant additional full or partial tuition waivers upon recommendation of:
825          (a) the board, for an institution of higher education described in [Subsection (1)(a)]
826     Subsections 53B-2-101(1)(a) through (h); or
827          (b) the Utah System of Technical Colleges Board of Trustees, for a technical college.
828          (4) A president of an institution of higher education may waive all or part of the
829     difference between resident and nonresident tuition [in the case of] for:
830          (a) meritorious graduate students; or
831          (b) nonresident summer school students.
832          (5) The board may establish policies that:
833          (a) require an institution of higher education described in Subsections 53B-2-101(1)(a)
834     through (h) to regularly assess and report whether the institution of higher education's use of
835     tuition waivers supports the goals established by the board in accordance with Section
836     53B-1-103 for the institution of higher education;
837          (b) subject to Subsection (1)(a), establish the total amount or percentage of tuition that
838     an institution of higher education may waive;
839          (c) define the terms "meritorious" and "impecunious," as the terms apply to tuition
840     waivers for resident students described in Subsection (1)(a); and
841          (d) establish limitations on an institution of higher education's allocation of waivers
842     described in Subsection (1)(a) for resident students who are meritorious or resident students
843     who are impecunious.
844          [(5)] (6) (a) The board shall submit an annual budget appropriation request for each
845     institution of higher education described in Subsections 53B-2-101(1)(a) through (h).
846          (b) The Utah System of Technical Colleges Board of Trustees shall submit an annual
847     budget appropriation request for each technical college.
848          (c) A request described in Subsection [(5)] (6)(a) or (b) shall include requests for funds
849     sufficient in amount to equal the estimated loss of dedicated credits that would be realized if all
850     of the tuition waivers authorized by Subsection (2) were granted.
851          Section 17. Section 63C-19-101 is enacted to read:
852     
CHAPTER 19. HIGHER EDUCATION STRATEGIC PLANNING COMMISSION

853     
Part 1. General Provisions

854          63C-19-101. Title.
855          This chapter is known as "Higher Education Strategic Planning Commission."
856          Section 18. Section 63C-19-102 is enacted to read:
857          63C-19-102. Definitions.
858          As used in this chapter:
859          (1) "Commission" means the Higher Education Strategic Planning Commission created
860     in Section 63C-19-201.
861          (2) "Institution of higher education" means an institution described in Subsections
862     53B-1-102(1)(a)(ii) through (ix).
863          (3) "Institutional role" means an institution of higher education's role described in
864     Section 53B-16-101.
865          (4) "State system of higher education" means the state system of higher education
866     described in Section 53B-1-102.
867          (5) "Strategic plan" means the strategic plan described in Section 63C-19-202.
868          (6) "Technical college" means the same as that term is defined in Section 53B-1-101.5.
869          Section 19. Section 63C-19-201 is enacted to read:
870     
Part 2. Higher Education Strategic Planning Commission

871          63C-19-201. Commission -- Membership -- Quorum and voting requirements --
872     Compensation -- Staff support.
873          (1) There is created the Higher Education Strategic Planning Commission consisting of
874     the following 22 members:
875          (a) two members of the Senate, appointed by the president of the Senate;
876          (b) two members of the House of Representatives, appointed by the speaker of the
877     House of Representatives;
878          (c) two members of the State Board of Regents, appointed by the chair of the State
879     Board of Regents;
880          (d) two members of the Utah System of Technical Colleges Board of Trustees,
881     appointed by the chair of the Utah System of Technical Colleges Board of Trustees;
882          (e) four individuals, appointed by the chair of the State Board of Regents, who
883     represent institutions of higher education from a range of geographic areas and with varied
884     institutional roles;
885          (f) two individuals, appointed by the chair of the Utah System of Technical Colleges
886     Board of Trustees, who represent technical colleges from a range of geographic areas;
887          (g) the commissioner of higher education or the commissioner's designee;
888          (h) the commissioner of technical education or the commissioner's designee;
889          (i) a member of the governor's staff who is responsible for advising the governor on
890     education issues, appointed by the governor;
891          (j) the executive director of the Governor's Office of Economic Development or the
892     executive director's designee;
893          (k) the executive director of the Department of Workforce Services or the executive
894     director's designee;
895          (l) the state superintendent of public instruction or the superintendent's designee; and
896          (m) two Utah business leaders, one appointed by the president of the Senate and one
897     appointed by the speaker of the House of Representatives.
898          (2) (a) The president of the Senate shall appoint one of the members described in
899     Subsection (1)(a) as a cochair of the commission.
900          (b) The speaker of the House of Representatives shall appoint one of the members
901     described in Subsection (1)(b) as a cochair of the commission.
902          (c) The chair of the State Board of Regents shall appoint one of the members described
903     in Subsection (1)(c) as a vice chair of the commission.
904          (d) The chair of the Utah System of Technical Colleges Board of Trustees shall appoint
905     one of the members described in Subsection (1)(d) as a vice chair of the commission.
906          (3) (a) The salary and expenses of a commission member who is a legislator shall be
907     paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3,
908     Legislator Compensation.
909          (b) A commission member who is not a legislator may not receive compensation or
910     benefits for the member's service on the commission, but may receive per diem and
911     reimbursement for travel expenses incurred as a commission member at the rates established by
912     the Division of Finance under:
913          (i) Sections 63A-3-106 and 63A-3-107; and
914          (ii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
915     63A-3-107.
916          (4) (a) A majority of the commission members constitutes a quorum.
917          (b) The action of a majority of a quorum constitutes an action of the commission.
918          (5) The Office of Legislative Research and General Counsel and the Office of the
919     Legislative Fiscal Analyst shall provide staff support to the commission.
920          Section 20. Section 63C-19-202 is enacted to read:
921          63C-19-202. Commission powers and duties -- Strategic plan -- Consultant --
922     Reports.
923          (1) (a) The commission shall develop a strategic plan aimed at meeting the future
924     challenges of the state system of higher education.
925          (b) The strategic plan shall address:
926          (i) providing quality, accessible, and innovative postsecondary education that prepares
927     Utahns for the twenty-first century;
928          (ii) cost-effective and affordable modes of higher education delivery;
929          (iii) the integration of prior learning and competency-based experiences to meet degree
930     or certificate requirements;
931          (iv) maximizing the role of the state system of higher education in workforce and
932     economic development;
933          (v) a statewide campus and technology master plan that reflects regional differences in
934     projected student enrollment growth in the state system of higher education;
935          (vi) governance of the state system of higher education, including studying best
936     practices and recommending modifications; and
937          (vii) other issues related to the state system of higher education as determined by the
938     commission.
939          (2) (a) The commission shall:
940          (i) select a consultant to manage the strategic planning process in accordance with
941     Subsection (3);
942          (ii) guide the analytical work of a consultant described in Subsection (2)(a)(i) and
943     review the results of the work;
944          (iii) coordinate with a consultant described in Subsection (2)(a)(i) to engage in a
945     strategic planning process and create a strategic plan;
946          (iv) conduct regional meetings to gather stakeholder input during the strategic planning
947     process; and
948          (v) report to the Legislature and the governor in accordance with Subsection (5).
949          (b) The commission may designate and assign working groups within the commission
950     to address, study, evaluate, or discuss issues related to the commission's work.
951          (3) Subject to direction from the commission, a consultant selected under Subsection
952     (2)(a) shall:
953          (a) collect and analyze data related to the current and future projected conditions of the
954     state system of higher education, including:
955          (i) relevant demographics and educational attainment;
956          (ii) the state's economy, including workforce supply and demand;
957          (iii) affordability and financing of higher education through tuition, state funding, and
958     other sources;
959          (iv) innovation by institutions of higher education, including research and research
960     commercialization;
961          (v) operational and capital facility efficiencies;
962          (vi) accountability measures to assess the performance of the state system of higher
963     education; and
964          (vii) any other data collection or analysis requested by the commission;
965          (b) based on the data described in Subsection (3)(a), make comparisons between higher
966     education in Utah and higher education in other states or countries;
967          (c) project the condition of the state system of higher education in the future under the
968     state's current system based on the projected:
969          (i) population;
970          (ii) workforce needs; and
971          (iii) funding requirements through tuition and state funding;
972          (d) develop alternatives to the projection described in Subsection (3)(c) by modeling
973     potential changes to:
974          (i) industry and economic growth;
975          (ii) student enrollment patterns;
976          (iii) the portion of funding for the state system of higher education that comes from
977     tuition and the portion of funding that comes from state funding; and
978          (iv) investments in capital facilities or technology infrastructure;
979          (e) recommend accountability or performance measures to assess the effectiveness of
980     the state system of higher education;
981          (f) in coordination with the commission, conduct the regional meetings described in
982     Subsection (2)(a)(iv) to share information and seek input from a range of stakeholders;
983          (g) recommend changes to the governance system for the state system of higher
984     education that would facilitate implementation of the strategic plan; and
985          (h) produce for the commission:
986          (i) a draft report, including findings, observations, and strategic priorities; and
987          (ii) a final report, incorporating feedback from the commission on the draft report
988     described in Subsection (3)(h)(i), regarding the future of the state system of higher education.
989          (4) An institution within the state system of higher education shall provide the
990     commission and a consultant selected under Subsection (2)(a) with data and data analysis as
991     requested by the commission.
992          (5) (a) On or before November 30, 2018, the commission shall report on the
993     commission's progress to:
994          (i) the Education Interim Committee;
995          (ii) the Higher Education Appropriations Subcommittee;
996          (iii) the Legislative Management Committee; and
997          (iv) the governor.
998          (b) On or before November 30, 2019, the commission shall provide a final report,
999     including a strategic plan and any recommendations, to:
1000          (i) the Education Interim Committee;
1001          (ii) the Higher Education Appropriations Subcommittee;
1002          (iii) the Legislative Management Committee; and
1003          (iv) the governor.
1004          Section 21. Section 63I-2-253 is amended to read:
1005          63I-2-253. Repeal dates -- Titles 53 through 53G.
1006          [(1) Section 53A-1-403.5 is repealed July 1, 2017.]
1007          [(2) Section 53A-1-411 is repealed July 1, 2017.]
1008          [(3) Section 53A-1-415 is repealed July 1, 2019.]
1009          [(4) Section 53A-1-709 is repealed July 1, 2020.]
1010          [(5) Subsection 53A-1-1207(3)(b)(ii)(B) is repealed July 1, 2020.]
1011          [(6) Section 53A-1-1208 is repealed July 1, 2020.]
1012          [(7) Subsection 53A-1a-513(4) is repealed July 1, 2017.]
1013          [(8) Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is
1014     repealed July 1, 2017.]
1015          [(9) Section 53A-24-601 is repealed January 1, 2018.]
1016          [(10)] (1) Section 53A-24-602 is repealed July 1, 2018.
1017          [(11)] (2) (a) Subsections 53B-2a-103(2) and (4) are repealed July 1, 2019.
1018          (b) When repealing Subsections 53B-2a-103(2) and (4), the Office of Legislative
1019     Research and General Counsel shall, in addition to its authority under Subsection 36-12-12(3),
1020     make necessary changes to subsection numbering and cross references.
1021          (3) (a) Subsection 53B-2a-108(5) is repealed July 1, 2022.
1022          (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
1023     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
1024     necessary changes to subsection numbering and cross references.
1025          [(12) Subsections 53B-7-101(2)(b)(iii)(A) and (3) are repealed January 1, 2018.]
1026          [(13)] (4) Subsection 53B-7-705(6)(b)(ii)(B) is repealed July 1, 2021.
1027          [(14)] (5) Subsection 53B-7-707(4)(b) is repealed July 1, 2021.
1028          [(15)] (6) (a) The following sections are repealed on July 1, 2023:
1029          (i) Section 53B-8-202;
1030          (ii) Section 53B-8-203;
1031          (iii) Section 53B-8-204; and
1032          (iv) Section 53B-8-205.
1033          (b) (i) Subsection 53B-8-201(2) is repealed on July 1, 2023.
1034          (ii) When repealing Subsection 53B-8-201(2), the Office of Legislative Research and
1035     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
1036     necessary changes to subsection numbering and cross references.
1037          [(16)] (7) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
1038     repealed July 1, 2023.
1039          (8) Subsection 53E-5-306(3)(b)(ii)(B) is repealed July 1, 2020.
1040          (9) Section 53E-5-307 is repealed July 1, 2020.
1041          (10) Section 53F-4-204 is repealed July 1, 2019.
1042          (11) Section 53F-6-202 is repealed July 1, 2020.
1043          Section 22. Section 63I-2-263 is amended to read:
1044          63I-2-263. Repeal dates, Title 63A to Title 63N.
1045          [(1) Section 63A-5-227 is repealed on January 1, 2018.]
1046          (1) Title 63C, Chapter 19, Higher Education Strategic Planning Commission, is
1047     repealed July 1, 2020.
1048          (2) Section 63H-7a-303 is repealed on July 1, 2022.
1049          (3) On July 1, 2019:
1050          (a) in Subsection 63J-1-206(3)(c)(i), the language that states "(i) Except as provided in
1051     Subsection (3)(c)(ii)" is repealed; and
1052          (b) Subsection 63J-1-206(3)(c)(ii) is repealed.
1053          (4) Subsection 63N-3-109(2)(f)(i)(B) is repealed July 1, 2020.
1054          (5) Section 63N-3-110 is repealed July 1, 2020.
1055          Section 23. Appropriation.
1056          The following sums of money are appropriated for the fiscal year beginning July 1,
1057     2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
1058     fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
1059     Act, the Legislature appropriates the following sums of money from the funds or accounts
1060     indicated for the use and support of the government of the state of Utah.
1061     ITEM 1
1062          To Legislature - Legislative Services
1063               From General Fund, one-time
$337,000

1064               Schedule of Programs:
1065                    Administration                         $337,000
1066          The Legislature intends that the appropriation under this item be used for the
1067     requirements described in Title 63C, Chapter 19, Higher Education Strategic Planning
1068     Commission.
1069     ITEM 2
1070          To Legislature - Senate
1071               From General Fund, one-time
$6,300

1072               Schedule of Programs:
1073                    Administration                         $6,300
1074     ITEM 3
1075          To Legislature - House of Representatives
1076               From General Fund, one-time
$6,300

1077               Schedule of Programs:
1078                    Administration                         $6,300