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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 ▸ permits the governor to remove, for cause, certain members of:
15 • the State Board of Regents;
16 • the Utah System of Technical Colleges Board of Trustees;
17 • an institution of higher education board of trustees; and
18 • a technical college board of directors;
19 ▸ amends provisions related to the role of a technical college board of directors in
20 relation to a technical college president;
21 ▸ amends the membership of a technical college board of directors;
22 ▸ creates a term limit for a member of a technical college board of directors;
23 ▸ provides that the State Board of Regents may make policies regarding tuition
24 waivers;
25 ▸ enacts provisions related to the Higher Education Strategic Planning Commission,
26 including:
27 • creating the commission;
28 • describing the membership of the commission; and
29 • enacting powers and duties of the commission; and
30 ▸ makes technical and conforming changes.
31 Money Appropriated in this Bill:
32 This bill appropriates in fiscal year 2018:
33 ▸ to the Legislature - Legislative Services - Administration as a one-time
34 appropriation:
35 • from the General Fund, One-time, $337,000;
36 ▸ to the Legislature - Senate - Administration as a one-time appropriation:
37 • from the General Fund, One-time, $6,300; and
38 ▸ to the Legislature - House of Representatives - Administration as a one-time
39 appropriation:
40 • from the General Fund, One-time, $6,300.
41 Other Special Clauses:
42 None
43 Utah Code Sections Affected:
44 AMENDS:
45 53B-1-104, as last amended by Laws of Utah 2017, Chapter 382
46 53B-2-102, as repealed and reenacted by Laws of Utah 2017, Chapter 382
47 53B-2-104, as last amended by Laws of Utah 2017, Chapter 382
48 53B-2a-101, as last amended by Laws of Utah 2017, Chapter 382
49 53B-2a-102, as last amended by Laws of Utah 2017, Chapter 382
50 53B-2a-103, as last amended by Laws of Utah 2017, Chapter 382
51 53B-2a-104, as last amended by Laws of Utah 2017, Chapters 365 and 382
52 53B-2a-105, as last amended by Laws of Utah 2017, Chapter 382
53 53B-2a-106, as last amended by Laws of Utah 2017, Chapter 382
54 53B-2a-107, as last amended by Laws of Utah 2017, Chapter 382
55 53B-2a-109, as last amended by Laws of Utah 2017, Chapter 382
56 53B-2a-112, as last amended by Laws of Utah 2017, Chapter 382
57 53B-2a-113, as last amended by Laws of Utah 2017, Chapter 382
58 53B-2a-114, as last amended by Laws of Utah 2017, Chapter 382
59 53B-8-101, as last amended by Laws of Utah 2017, Chapter 382
60 63I-2-253, as last amended by Laws of Utah 2017, Chapters 217, 223, 350, 365, 381,
61 386, and 468
62 63I-2-263, as last amended by Laws of Utah 2017, First Special Session, Chapter 1
63 ENACTS:
64 63C-19-101, Utah Code Annotated 1953
65 63C-19-102, Utah Code Annotated 1953
66 63C-19-201, Utah Code Annotated 1953
67 63C-19-202, Utah Code Annotated 1953
68 REPEALS AND REENACTS:
69 53B-2a-108, as last amended by Laws of Utah 2017, Chapter 382
70
71 Be it enacted by the Legislature of the state of Utah:
72 Section 1. Section 53B-1-104 is amended to read:
73 53B-1-104. Membership of the board -- Student appointee -- Terms -- Oath --
74 Officers -- Committees -- Bylaws -- Meetings -- Quorum -- Vacancies -- Compensation.
75 (1) Except as provided in Subsection (2), the board consists of 17 residents of the state
76 appointed by the governor with the consent of the Senate, as follows:
77 (a) eight [
78 (b) eight members, each of whom is:
79 (i) selected from three nominees presented to the governor by a higher education
80 institution board of trustees; and
81 (ii) a current or former member of the institution of higher education board of trustees
82 that nominates the member; and
83 (c) one member, selected from three nominees presented to the governor by the student
84 body presidents of the institutions of higher education, who:
85 (i) is a fully matriculated student enrolled in an institution of higher education; and
86 (ii) is not serving as a student body president at the time of the nomination.
87 (2) (a) (i) An individual appointed to the board on or before May 8, 2017, may serve on
88 the board, even if the individual does not fulfill a requirement for the composition of the board
89 described in Subsection (1).
90 (ii) The governor may reappoint a member described in Subsection (2)(a)(i) when the
91 member's term expires.
92 (b) An individual appointed to the board on or before May 8, 2017, who is a current or
93 former member of an institution of higher education board of trustees is the board member for
94 the institution of higher education described in Subsection (1)(b).
95 (c) (i) Subject to Subsection (2)(c)(ii), as positions on the board become vacant, the
96 governor shall ensure that newly appointed members move the board toward the composition
97 described in Subsection (1).
98 (ii) In appointing a new member to the board, the governor shall first appoint a member
99 described in Subsection (1)(b) until the eight positions described in Subsection (1)(b) are filled.
100 (3) (a) All appointments to the board shall be made on a nonpartisan basis.
101 (b) In making appointments to the board, the governor shall consider:
102 (i) geographic representation of members;
103 (ii) diversity;
104 (iii) experience in higher education governance;
105 (iv) experience in economic development; and
106 (v) exposure to institutions of higher education.
107 (c) An individual may not serve simultaneously on the State Board of Regents and an
108 institution of higher education board of trustees.
109 (4) (a) Except as provided in Subsection (4)(b), members of the board shall be
110 appointed to six-year staggered terms, which begin on July 1 of the year of appointment.
111 (b) A student member described in Subsection (1)(c) shall be appointed to a one-year
112 term.
113 (c) (i) The governor may remove a member of the board for cause.
114 (ii) The governor shall consult with the president of the Senate before removing a
115 member of the board.
116 (5) (a) A member of the board shall take the official oath of office before entering upon
117 the duties of office.
118 (b) The oath shall be filed with the Division of Archives and Records Services.
119 (6) The board shall elect a chair and vice chair from among the board's members who
120 shall serve terms of two years and until their successors are chosen and qualified.
121 (7) (a) The board shall appoint a secretary from the staff of the board's chief executive
122 to serve at the board's discretion.
123 (b) The secretary is a full-time employee who receives a salary set by the board.
124 (c) The secretary shall record and maintain a record of all board meetings and perform
125 other duties as the board directs.
126 (8) (a) The board may establish advisory committees.
127 (b) The powers and authority of the board are nondelegable, except as specifically
128 provided for in this title.
129 (c) All matters requiring board determination shall be addressed in a properly convened
130 meeting of the board or the board's executive committee.
131 (9) The board shall enact bylaws for the board's own government not inconsistent with
132 the constitution or the laws of this state.
133 (10) (a) The board shall meet regularly upon the board's own determination.
134 (b) The board may also meet, in full or executive session, at the request of the chair,
135 the executive officer, or five members of the board.
136 (11) A quorum of the voting members of the board is required to conduct the board's
137 business and consists of nine members.
138 (12) (a) A vacancy in the board occurring before the expiration of a voting member's
139 full term shall be immediately filled by appointment by the governor with the consent of the
140 Senate.
141 (b) An individual appointed under Subsection (12)(a) serves for the remainder of the
142 unexpired term.
143 (13) A board member may not receive compensation or benefits for the member's
144 service, but may receive per diem and travel expenses in accordance with:
145 (a) Section 63A-3-106;
146 (b) Section 63A-3-107; and
147 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
148 63A-3-107.
149 Section 2. Section 53B-2-102 is amended to read:
150 53B-2-102. Board to appoint president for each institution.
151 (1) As used in this section:
152 (a) "Institution of higher education" means an institution that is part of the Utah System
153 of Higher Education described in Subsection 53B-1-102(1)(a).
154 (b) "Search committee" means a committee that selects finalists for a position as an
155 institution of higher education president.
156 (2) The board shall appoint a president for each institution of higher education.
157 (3) An institution of higher education president serves at the pleasure of the board.
158 (4) (a) To appoint an institution of higher education president, the board shall establish
159 a search committee that includes representatives of faculty, staff, students, the institution of
160 higher education board of trustees, alumni, the outgoing institution of higher education
161 president's executive council or cabinet, and the board.
162 (b) A search committee shall be cochaired by a member of the board and a member of
163 the institution of higher education board of trustees.
164 (c) A search committee described in Subsection (4)(a) shall forward three to five
165 finalists to the board to consider for a position as an institution of higher education president.
166 (d) A search committee may not forward an individual to the board as a finalist unless
167 two-thirds of the search committee members, as verified by the commissioner, find the
168 individual to be qualified and likely to succeed as an institution of higher education president.
169 (5) (a) The board shall select an institution of higher education president from among
170 the finalists presented by a search committee.
171 (b) If the board is not satisfied with the finalists forwarded by a search committee, the
172 board may direct the search committee to resume the search process until the search committee
173 has forwarded three finalists with [
174 (6) The board, through the commissioner, shall create a comprehensive, active
175 recruiting plan to ensure a strong, diverse pool of potential candidates for institution of higher
176 education presidents.
177 (7) (a) Except as provided in Subsection (7)(b), a record or information gathered or
178 generated during the search process, including a candidate's application and the search
179 committee's deliberations, is confidential and is a protected record under Section 63G-2-305.
180 (b) Application materials for a publicly named finalist described in Subsection (5)(a)
181 are not protected records under Section 63G-2-305.
182 Section 3. Section 53B-2-104 is amended to read:
183 53B-2-104. Memberships of board of trustees -- Terms -- Vacancies -- Oath --
184 Officers -- Bylaws -- Quorum -- Committees -- Compensation -- Applicability to technical
185 colleges.
186 (1) (a) Except as provided in Subsection (10), the board of trustees of an institution of
187 higher education consists of the following:
188 (i) except as provided in Subsection 53B-18-1201(3)(b), eight individuals appointed by
189 the governor with the consent of the Senate; and
190 (ii) two ex officio members who are the president of the institution's alumni
191 association, and the president of the associated students of the institution.
192 (b) The appointed members of the boards of trustees for Utah Valley University and
193 Salt Lake Community College shall be representative of the interests of business, industry, and
194 labor.
195 (2) (a) The governor shall appoint four members of each board of trustees during each
196 odd-numbered year to four-year terms commencing on July 1 of the year of appointment.
197 (b) [
198 appointed under Subsection (1)(a)(i) holds office until a successor is appointed and qualified.
199 (c) The ex officio members serve for the same period as they serve as presidents and
200 until their successors have qualified.
201 (d) (i) The governor may remove a member appointed under Subsection (1)(a)(i) for
202 cause.
203 (ii) The governor shall consult with the president of the Senate before removing a
204 member appointed under Subsection (1)(a)(i).
205 (3) When a vacancy occurs in the membership of a board of trustees for any reason, the
206 replacement shall be appointed for the unexpired term.
207 (4) (a) Each member of a board of trustees shall take the official oath of office prior to
208 assuming the office.
209 (b) The oath shall be filed with the Division of Archives and Records Services.
210 (5) A board of trustees shall elect a chair and vice chair, who serve for two years and
211 until their successors are elected and qualified.
212 (6) (a) A board of trustees may enact bylaws for the board of trustees' own government,
213 including provisions for regular meetings.
214 (b) (i) A board of trustees may provide for an executive committee in the board of
215 trustees' bylaws.
216 (ii) If established, an executive committee shall have full authority of the board of
217 trustees to act upon routine matters during the interim between board of trustees meetings.
218 (iii) An executive committee may act on nonroutine matters only under extraordinary
219 and emergency circumstances.
220 (iv) An executive committee shall report the executive committee's activities to the
221 board of trustees at the board of trustees' next regular meeting following the action.
222 (c) Copies of a board of trustees' bylaws shall be filed with the board.
223 (7) A quorum is required to conduct business and consists of six members.
224 (8) A board of trustees may establish advisory committees.
225 (9) A member may not receive compensation or benefits for the member's service, but
226 may receive per diem and travel expenses in accordance with:
227 (a) Section 63A-3-106;
228 (b) Section 63A-3-107; and
229 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
230 63A-3-107.
231 (10) This section does not apply to a technical college board of directors described in
232 Section 53B-2a-108.
233 Section 4. Section 53B-2a-101 is amended to read:
234 53B-2a-101. Definitions.
235 As used in this chapter:
236 (1) "Board of trustees" means the [
237 of Trustees.
238 (2) "Commissioner of technical education" means the [
239
240 (3) "Competency-based" means mastery of subject matter or skill level, as
241 demonstrated through business and industry approved standards and assessments, achieved
242 through participation in a hands-on learning environment, and which is tied to observable,
243 measurable performance objectives.
244 [
245 [
246 (a) a method of instructional delivery that allows for flexible scheduling in response to
247 individual student needs or requirements and demonstrated competency when knowledge and
248 skills have been mastered;
249 (b) students have the flexibility to begin or end study at any time, progress through
250 course material at their own pace, and demonstrate competency when knowledge and skills
251 have been mastered; and
252 (c) if competency is demonstrated in a program of study, a credential, certificate, or
253 diploma may be awarded.
254 (5) "UTech" means the Utah System of Technical Colleges described in Section
255 53B-1-102.
256 Section 5. Section 53B-2a-102 is amended to read:
257 53B-2a-102. Commissioner of technical education -- Appointment -- Duties.
258 (1) (a) The board of trustees, upon approval from the governor and with the consent of
259 the Senate, shall appoint a commissioner of technical education to serve as the board of
260 trustees' chief executive officer.
261 (b) The commissioner of technical education shall:
262 (i) have an appropriate and relevant educational background, including, at a minimum,
263 a master's degree; and
264 (ii) have extensive experience in career and technical education.
265 (c) The commissioner of technical education shall serve at the board of trustees'
266 discretion and may be terminated by:
267 (i) the board of trustees; or
268 (ii) the governor, after consultation with the board of trustees.
269 (d) If the board of trustees intends to appoint an interim or acting commissioner of
270 technical education during a leave of absence of the commissioner of technical education, the
271 board of trustees shall appoint the interim or acting commissioner of technical education with
272 the consent of the Senate.
273 (e) The name of each final candidate for commissioner of technical education shall be
274 publicly disclosed.
275 (2) The board of trustees shall:
276 (a) set the salary of the commissioner of technical education;
277 (b) prescribe the duties and functions of the commissioner of technical education; and
278 (c) select a commissioner of technical education on the basis of outstanding
279 professional qualifications.
280 (3) The commissioner of technical education is responsible to the board of trustees to:
281 (a) ensure that the policies and programs of the board of trustees are properly executed;
282 (b) furnish information about [
283 make recommendations regarding the information to the board of trustees;
284 (c) provide state-level leadership in an activity affecting a technical college; and
285 (d) perform other duties as assigned by the board of trustees in carrying out the board
286 of trustees' duties and responsibilities.
287 Section 6. Section 53B-2a-103 is amended to read:
288 53B-2a-103. UTech Board of Trustees -- Membership -- Terms -- Vacancies --
289 Oath -- Officers -- Quorum -- Committees -- Compensation.
290 (1) There is created the [
291 (2) Except as provided in Subsections (3) and (4), the board of trustees is composed of
292 the following members:
293 (a) one member, representing business and industry employers from each technical
294 college board of directors, appointed by a majority vote of the business and industry employer
295 members of the technical college board of directors;
296 (b) one member representing business and industry employers from the Snow College
297 Economic Development and Workforce Preparation Advisory Committee appointed by a
298 majority of the business and industry employer members of the advisory committee;
299 (c) one member representing business and industry employers from the Utah State
300 University Eastern career and technical education advisory committee appointed by a majority
301 of the business and industry employer members of the advisory committee;
302 (d) one member representing business and industry employers from the Salt Lake
303 Community College School of Applied Technology Board of Directors appointed by a majority
304 of the business and industry employer members of the board of directors;
305 (e) one business or industry employer representative appointed by the governor with
306 the consent of the Senate from nominations submitted by the speaker of the House of
307 Representatives and president of the Senate;
308 (f) one representative of union craft, trade, or apprenticeship programs that prepare
309 workers for employment in career and technical education fields, appointed by the governor
310 with the consent of the Senate;
311 (g) one representative of non-union craft, trade, or apprenticeship programs that
312 prepare workers for employment in career and technical education fields, appointed by the
313 governor with the consent of the Senate; and
314 (h) the executive director of the Governor's Office of Economic Development or the
315 executive director's designee.
316 (3) (a) Beginning on July 1, 2019, the board of trustees is composed of 15 members
317 appointed by the governor with the consent of the Senate, as follows:
318 (i) one member selected from at least two nominees presented to the governor by the
319 board of directors of each technical college, for a total of eight members; and
320 (ii) one member who is employed in and represents each of the following sectors:
321 (A) information technology;
322 (B) manufacturing;
323 (C) life sciences;
324 (D) health care;
325 (E) transportation;
326 (F) union craft, trade, or apprenticeship; and
327 (G) non-union craft, trade, or apprenticeship.
328 (b) The seven members described in Subsection (3)(a)(ii) shall be selected from the
329 state at large, subject to the following conditions:
330 (i) at least four members shall reside in a geographic area served by a technical college;
331 and
332 (ii) no more than two members may reside in a single geographic area served by a
333 technical college.
334 (c) The governor shall make appointments to the board of trustees on a nonpartisan
335 basis.
336 (d) An individual may not serve on the board of trustees and a technical college board
337 of directors simultaneously.
338 (4) (a) To transition from the composition of the board of trustees described in
339 Subsection (2) to the composition described in Subsection (3), for a member who was
340 appointed to the board of trustees on or before May 10, 2016, the governor shall appoint a
341 replacement:
342 (i) when the member's current term expires, for a member who, on May 10, 2016, has
343 served less than two consecutive full terms on the board of trustees; or
344 (ii) on May 10, 2016, for a member who, on May 10, 2016, has served two or more
345 consecutive full terms on the board of trustees.
346 (b) In replacing a member who was appointed under Subsection (2)(a), the governor
347 shall appoint a member for the technical college represented by the member whose term
348 expires by:
349 (i) soliciting the technical college's board of directors to nominate at least two
350 individuals for the position; and
351 (ii) selecting from the nominees presented.
352 (c) In replacing a member who was appointed under Subsections (2)(b) through (2)(h),
353 the governor shall appoint a new member at large, ensuring representation from the sectors
354 described in Subsection (3)(a)(ii).
355 (d) In making an appointment under this Subsection (4), the governor:
356 (i) shall appoint a member on a nonpartisan basis; and
357 (ii) may not reappoint the member who is being replaced if the member has served on
358 the board of trustees for at least two consecutive full terms.
359 (5) (a) (i) Except as provided under Subsection (5)(a)(ii), a member shall be appointed
360 commencing on July 1 of each odd-numbered year to a four-year term.
361 (ii) The governor shall ensure that member terms are staggered so that approximately
362 one-half of the members' terms expire in any odd-numbered year.
363 (b) A member may not hold office for more than two consecutive full terms.
364 (c) (i) The governor may remove a member of the board of trustees for cause.
365 (ii) The governor shall consult with the president of the Senate before removing a
366 member of the board of trustees.
367 (6) When a vacancy occurs on the board of trustees for any reason, the governor shall
368 appoint a replacement for the unexpired term.
369 (7) (a) Each member shall take the official oath of office prior to assuming the office.
370 (b) The oath shall be filed with the Division of Archives and Records Services.
371 (8) (a) The board of trustees shall elect a chair and vice chair, who serve for two years
372 and until their successors are elected and qualified.
373 (b) A member may not serve more than two consecutive terms as the chair or vice
374 chair.
375 (9) (a) The board of trustees shall enact bylaws for the board of trustees' own
376 government, including provisions for regular meetings.
377 (b) (i) The board of trustees shall provide for an executive committee in the board of
378 trustees' bylaws.
379 (ii) The executive committee shall have full authority of the board of trustees to act
380 upon routine matters during the interim between board of trustees meetings.
381 (iii) The executive committee may act on nonroutine matters only under extraordinary
382 and emergency circumstances.
383 (iv) The executive committee shall report the executive committee's activities to the
384 board of trustees at the board of trustees' next regular meeting following the executive
385 committee's activities.
386 (10) A quorum shall be required to conduct business which shall consist of a majority
387 of board of trustee members.
388 (11) The board of trustees may establish advisory committees.
389 (12) A member may not receive compensation or benefits for the member's service, but
390 may receive per diem and travel expenses in accordance with:
391 (a) Section 63A-3-106;
392 (b) Section 63A-3-107; and
393 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
394 63A-3-107.
395 Section 7. Section 53B-2a-104 is amended to read:
396 53B-2a-104. Board of trustees powers and duties.
397 (1) The board of trustees is vested with the control, management, and supervision of
398 technical colleges in a manner consistent with the policy and purpose of this title and the
399 specific powers and responsibilities granted to the board of trustees.
400 (2) The board of trustees shall:
401 (a) ensure that a technical college complies with the requirements in Section
402 53B-2a-106;
403 (b) appoint the commissioner of technical education in accordance with Section
404 53B-2a-102;
405 (c) advise the commissioner of technical education and the State Board of Regents on
406 issues related to career and technical education, including articulation with institutions of
407 higher education and public education;
408 (d) ensure that a secondary student in the public education system has access to career
409 and technical education through a technical college in the secondary student's service region;
410 (e) in consultation with the State Board of Education, the State Board of Regents, and
411 technical college presidents, develop strategies for providing career and technical education in
412 rural areas, considering distances between rural career and technical education providers;
413 (f) receive budget requests from each technical college, compile and prioritize the
414 requests, and submit the request to:
415 (i) the Legislature; and
416 (ii) the Governor's Office of Management and Budget;
417 (g) receive funding requests pertaining to capital facilities and land purchases from
418 each technical college, ensure that the requests comply with Section 53B-2a-112, prioritize the
419 requests, and submit the prioritized requests to the State Building Board;
420 (h) comply with Chapter 7, Part 7, Performance Funding;
421 (i) in conjunction with the commissioner of technical education, establish benchmarks,
422 provide oversight, evaluate program performance, and obtain independent audits to ensure that
423 a technical college follows the noncredit career and technical education mission described in
424 this part;
425 (j) approve programs for [
426 (k) approve the tuition rates for technical colleges;
427 (l) prepare and submit an annual report detailing the board of trustees' progress and
428 recommendations on career and technical education issues to the governor and to the
429 Legislature's Education Interim Committee by October 31 of each year, which shall include
430 information detailing:
431 (i) how the career and technical education needs of secondary students are being met,
432 including what access secondary students have to programs offered at technical colleges;
433 (ii) how the emphasis on high demand, high wage, and high skill jobs in business and
434 industry described in Section 53B-2a-106 is being provided;
435 (iii) performance outcomes, including:
436 (A) performance on the metrics described in Section 53B-7-707; and
437 (B) earnings; and
438 (iv) student tuition and fees; and
439 (m) collaborate with the State Board of Regents, the State Board of Education, the
440 Department of Workforce Services, and the Governor's Office of Economic Development on
441 the delivery of career and technical education.
442 (3) The board of trustees, the commissioner of technical education, or a technical
443 college president or board of directors may not conduct a feasibility study or perform another
444 act relating to offering a degree or awarding credit.
445 Section 8. Section 53B-2a-105 is amended to read:
446 53B-2a-105. UTech Composition.
447 [
448 technical colleges:
449 (1) Bridgerland Technical College, which serves the geographic area encompassing:
450 (a) the Box Elder School District;
451 (b) the Cache School District;
452 (c) the Logan School District; and
453 (d) the Rich School District;
454 (2) Ogden-Weber Technical College, which serves the geographic area encompassing:
455 (a) the Ogden City School District; and
456 (b) the Weber School District;
457 (3) Davis Technical College, which serves the geographic area encompassing:
458 (a) the Davis School District; and
459 (b) the Morgan School District;
460 (4) Tooele Technical College, which serves the geographic area encompassing the
461 Tooele County School District;
462 (5) Mountainland Technical College, which serves the geographic area encompassing:
463 (a) the Alpine School District;
464 (b) the Nebo School District;
465 (c) the Provo School District;
466 (d) the South Summit School District;
467 (e) the North Summit School District;
468 (f) the Wasatch School District; and
469 (g) the Park City School District;
470 (6) Uintah Basin Technical College, which serves the geographic area encompassing:
471 (a) the Daggett School District;
472 (b) the Duchesne School District; and
473 (c) the Uintah School District;
474 (7) Southwest Technical College, which serves the geographic area encompassing:
475 (a) the Beaver School District;
476 (b) the Garfield School District;
477 (c) the Iron School District; and
478 (d) the Kane School District; and
479 (8) Dixie Technical College, which serves the geographic area encompassing the
480 Washington School District.
481 Section 9. Section 53B-2a-106 is amended to read:
482 53B-2a-106. Technical colleges -- Duties.
483 (1) Each technical college shall, within the geographic area served by the technical
484 college:
485 (a) offer a noncredit postsecondary and secondary career and technical education
486 curriculum;
487 (b) offer that curriculum at:
488 (i) low cost to adult students, as approved by the board of trustees; and
489 (ii) no tuition to secondary students;
490 (c) provide career and technical education that will result in:
491 (i) appropriate licensing, certification, or other evidence of completion of training; and
492 (ii) qualification for specific employment, with an emphasis on high demand, high
493 wage, and high skill jobs in business and industry;
494 (d) develop cooperative agreements with school districts, charter schools, other higher
495 education institutions, businesses, industries, and community and private agencies to maximize
496 the availability of instructional facilities within the geographic area served by the technical
497 college; and
498 (e) after consulting with school districts and charter schools within the geographic area
499 served by the technical college:
500 (i) ensure that secondary students in the public education system have access to career
501 and technical education at the technical college; and
502 (ii) prepare and submit an annual report to the board of trustees detailing:
503 (A) how the career and technical education needs of secondary students within the
504 region are being met;
505 (B) what access secondary students within the region have to programs offered at the
506 technical college;
507 (C) how the emphasis on high demand, high wage, high skill jobs in business and
508 industry described in Subsection (1)(c)(ii) is being provided; and
509 (D) student tuition and fees.
510 (2) A technical college may offer:
511 (a) a competency-based high school diploma approved by the State Board of Education
512 in accordance with Section 53A-1-402;
513 (b) noncredit, basic instruction in areas such as reading, language arts, and
514 mathematics that are necessary for student success in a chosen career and technical education
515 or job-related program;
516 (c) noncredit courses of interest when similar offerings to the community are limited
517 and courses are financially self-supporting; and
518 (d) secondary school level courses through the Statewide Online Education Program in
519 accordance with Section 53A-15-1205.
520 (3) Except as provided in Subsection (2)(d), a technical college may not:
521 (a) offer courses other than noncredit career and technical education or the noncredit,
522 basic instruction described in Subsections (2)(b) and (c);
523 (b) offer a degree;
524 (c) offer career and technical education or basic instruction outside the geographic area
525 served by the technical college without a cooperative agreement between an affected
526 institution, except as provided in Subsection (6);
527 (d) provide tenure or academic rank for its instructors; or
528 (e) participate in intercollegiate athletics.
529 (4) The mission of a technical college is limited to noncredit career and technical
530 education and may not expand to include credit-based academic programs typically offered by
531 community colleges or other institutions of higher education.
532 (5) A technical college shall be recognized as a member of [
533
534 local designations such as "Bridgerland Technical College: A member technical college of the
535 Utah System of Technical Colleges."
536 (6) (a) A technical college may offer career and technical education or basic instruction
537 outside the geographic area served by the technical college without a cooperative agreement, as
538 required in Subsection (3)(c), if:
539 (i) the career and technical education or basic instruction is specifically requested by:
540 (A) an employer; or
541 (B) a craft, trade, or apprenticeship program;
542 (ii) the technical college notifies the affected institution about the request; and
543 (iii) the affected institution is given an opportunity to make a proposal, prior to any
544 contract being finalized or training being initiated by the technical college, to the employer,
545 craft, trade, or apprenticeship program about offering the requested career and technical
546 education or basic instruction, provided that the proposal shall be presented no later than one
547 business week from the delivery of the notice described under Subsection (6)(a)(ii).
548 (b) The requirements under Subsection (6)(a)(iii) do not apply if there is a prior
549 training relationship.
550 Section 10. Section 53B-2a-107 is amended to read:
551 53B-2a-107. Technical college presidents -- Appointments -- Duties.
552 (1) (a) The board of trustees shall[
553
554 (b) The board of trustees shall establish a policy for appointing a technical college
555 president that:
556 (i) requires the board of trustees to create a search committee that:
557 (A) includes an equal number of board of trustees members and members from the
558 technical college board of directors; and
559 (B) may include technical college faculty, students, or other individuals;
560 (ii) requires the search committee to seek nominations, interview candidates, and
561 forward qualified candidates to the board of trustees for consideration;
562 (iii) provides for at least two members of the technical college board of directors to
563 participate in board of trustees' interviews of finalists; and
564 (iv) provides for the board of trustees to vote to appoint a technical college president in
565 a meeting that complies with Title 52, Chapter 4, Open and Public Meetings Act.
566 (2) (a) A technical college president shall serve as the chief executive officer of the
567 technical college.
568 (b) A technical college president does not need to have a doctorate degree, but shall
569 have extensive experience in career and technical education.
570 (c) A technical college president is subject to regular review and evaluation
571 administered by the board of trustees, in [
572 board of directors, through a process approved by the board of trustees.
573 (d) A technical college president serves at the [
574 trustees[
575 (e) The board of trustees, in [
576 of directors, shall set the compensation for the technical college president using market survey
577 information.
578 (3) A technical college president shall:
579 (a) serve as the executive officer of the technical college board of directors;
580 (b) administer the day-to-day operations of the technical college;
581 (c) consult with the technical college board of directors; and
582 (d) administer human resource policies and employee compensation plans in
583 accordance with the requirements of the board of trustees.
584 Section 11. Section 53B-2a-108 is repealed and reenacted to read:
585 53B-2a-108. Technical college boards of directors -- Membership --
586 Appointments.
587 (1) As used in this section:
588 (a) "Higher education institution" means the same as that term is defined in Section
589 53B-2a-112.
590 (b) "Technical college service area" means the geographic area served by each
591 technical college as described in Section 53B-2a-105.
592 (2) A technical college board of directors consists of:
593 (a) one member of the local school board for each school district in the technical
594 college service area, appointed by the local school board to which the member belongs;
595 (b) except as provided in Subsection (3)(b), one individual who is a member of the
596 higher education institution board of trustees, appointed by the higher education institution
597 board of trustees; and
598 (c) a number of individuals, appointed by the governor with the consent of the Senate,
599 that is:
600 (i) seven for:
601 (A) Tooele Technical College;
602 (B) Uintah Basin Technical College; and
603 (C) Dixie Technical College;
604 (ii) eight for:
605 (A) Bridgerland Technical College;
606 (B) Ogden-Weber Technical College;
607 (C) Davis Technical College; and
608 (D) Southwest Technical College; or
609 (iii) nine for Mountainland Technical College.
610 (3) (a) In appointing the members described in Subsection (2)(c), the governor shall
611 appoint individuals who represent the interests of business, industry, or labor in the technical
612 college service area.
613 (b) If no member of the institution of higher education board of trustees lives within
614 the technical college service area, the institution of higher education board of trustees may
615 nominate an individual to be appointed by the governor with the consent of the Senate instead
616 of appointing a member described in Subsection (2)(b).
617 (4) (a) The governor may remove a member appointed under Subsection (2)(c) or
618 (3)(b) for cause.
619 (b) The governor shall consult with the president of the Senate before removing a
620 member appointed under Subsection (2)(c) or (3)(b).
621 (5) (a) Notwithstanding Subsection (2) or 53B-2a-109(2), an individual appointed to a
622 technical college board of directors on or before May 7, 2018, may continue to serve on the
623 technical college board of directors until the end of the individual's current term, even if the
624 total number of members on the technical college board of directors exceeds the number of
625 members for the technical college board of directors described in Subsection (2).
626 (b) Notwithstanding Subsection (2), the governor may only make an appointment
627 described in Subsection (2)(c) if the number of members on the technical college board of
628 directors following the appointment will be less than or equal to the number of members for the
629 technical college board of directors described in Subsection (2).
630 Section 12. Section 53B-2a-109 is amended to read:
631 53B-2a-109. Technical college boards of directors -- Terms -- Quorum -- Chair --
632 Compensation.
633 [
634 [
635
636
637 [
638
639
640 [
641 (1) (a) Except as provided in this Subsection (1), a member of a technical college board
642 of directors [
643 (b) The governor may appoint a member described in Subsection 53B-2a-108(2)(c) to a
644 two-year term to ensure that the terms of approximately half of the members described in
645 Subsection 53B-2a-108(2)(c) expire every other year.
646 (c) When a vacancy occurs in the membership of a technical college board of directors,
647 the appointing authority for the vacant position described in Section 53B-2a-108 shall appoint a
648 replacement for the remainder of the term.
649 (d) An appointed member holds office until a successor is appointed in accordance
650 with Section 53B-2a-108.
651 (2) A member of a technical college board of directors may not hold office for more
652 than two consecutive full terms.
653 [
654
655 (3) A majority of a technical college board of directors is a quorum.
656 (4) A technical college board of directors shall elect a chair from the technical college
657 board of directors' membership.
658 (5) A member of a technical college board of directors may not receive compensation
659 or benefits for the member of the technical college board of director's service, but may receive
660 per diem and travel expenses in accordance with:
661 (a) Section 63A-3-106;
662 (b) Section 63A-3-107; and
663 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
664 63A-3-107.
665 (6) (a) A technical college board of directors may enact bylaws for the technical college
666 board of directors' own government, including provisions for regular meetings, that are in
667 accordance with the policies of the board of trustees.
668 (b) (i) A technical college board of directors may provide for an executive committee in
669 the technical college board of directors' bylaws.
670 (ii) If established, an executive committee shall have the full authority of the technical
671 college board of directors to act upon routine matters during the interim between board of
672 directors' meetings.
673 (iii) An executive committee may act on nonroutine matters only under extraordinary
674 and emergency circumstances.
675 (iv) An executive committee shall report the executive committee's activities to the
676 technical college board of directors at the technical college board of directors' next regular
677 meeting following the activities.
678 (7) A technical college board of directors may establish advisory committees.
679 Section 13. Section 53B-2a-112 is amended to read:
680 53B-2a-112. Technical colleges -- Relationships with other public and higher
681 education institutions -- Agreements -- Priorities -- New capital facilities.
682 (1) As used in this section, "higher education institution" means[
683
684
685 (a) Utah State University for:
686 (i) Bridgerland Technical College;
687 (ii) Tooele Technical College; and
688 (iii) Uintah Basin Technical College;
689 (b) Weber State University for:
690 (i) Ogden-Weber Technical College; and
691 (ii) Davis Technical College;
692 (c) Utah Valley University for Mountainland Technical College;
693 (d) Southern Utah University for Southwest Technical College; and
694 (e) Dixie State University for Dixie Technical College.
695 (2) A technical college shall avoid any unnecessary duplication of career and technical
696 education instructional facilities, programs, administration, and staff between the technical
697 college and other public and higher education institutions.
698 (3) A technical college may enter into agreements:
699 (a) with other higher education institutions to cultivate cooperative relationships;
700 (b) with other public and higher education institutions to enhance career and technical
701 education within [
702 (c) to comply with Subsection (2).
703 (4) Before a technical college develops new instructional facilities, the technical
704 college shall give priority to:
705 (a) maintaining the technical college's existing instructional facilities for both
706 secondary and adult students;
707 (b) coordinating with the president of [
708 institution and entering into any necessary agreements to provide career and technical
709 education to [
710 (i) maintain and support existing higher education career and technical education
711 programs; and
712 (ii) maximize the use of existing higher education facilities; and
713 (c) developing cooperative agreements with school districts, charter schools, other
714 higher education institutions, businesses, industries, and community and private agencies to
715 maximize the availability of career and technical education instructional facilities for both
716 secondary and adult students.
717 (5) (a) Before submitting a funding request pertaining to new capital facilities and land
718 purchases to the board of trustees, a technical college shall:
719 (i) ensure that all available instructional facilities are maximized in accordance with
720 Subsections (4)(a) through (c); and
721 (ii) coordinate the request with the president of [
722 education institution, if applicable.
723 (b) The State Building Board shall make a finding that the requirements of this section
724 are met before the State Building Board may consider a funding request from the board of
725 trustees pertaining to new capital facilities and land purchases.
726 (c) A technical college may not construct, approve the construction of, plan for the
727 design or construction of, or consent to the construction of a career and technical education
728 facility without approval of the Legislature.
729 (6) Before acquiring new fiscal and administrative support structures, a technical
730 college shall:
731 (a) review the use of existing public or higher education administrative and accounting
732 systems, financial record systems, and student and financial aid systems for the delivery of
733 career and technical education in the region;
734 (b) determine [
735 systems; and
736 (c) with the approval of the technical college board of directors and the board of
737 trustees, use [
738 Section 14. Section 53B-2a-113 is amended to read:
739 53B-2a-113. Technical colleges -- Leasing authority -- Lease-purchase agreements
740 -- Report.
741 (1) In accordance with Subsection 53B-2a-112(2), a technical college may enter into a
742 lease with other higher education institutions, school districts, charter schools, state agencies,
743 or business and industry for a term of:
744 (a) one year or less with the approval of the technical college board of directors; or
745 (b) more than one year with the approval of the board of trustees and:
746 (i) the approval of funding for the lease by the Legislature prior to a technical college
747 entering into the lease; or
748 (ii) the lease agreement includes language that allows termination of the lease without
749 penalty.
750 (2) (a) In accordance with Subsection 53B-2a-112(2), a technical college may enter
751 into a lease-purchase agreement if:
752 (i) there is a long-term benefit to the state;
753 (ii) the project is included in both the technical college and [
754
755 (iii) the lease-purchase agreement includes language that allows termination of the
756 lease;
757 (iv) the lease-purchase agreement is approved by the technical college board of
758 directors and the board of trustees; and
759 (v) the lease-purchase agreement is:
760 (A) reviewed by the Division of Facilities Construction and Management;
761 (B) reviewed by the State Building Board; and
762 (C) approved by the Legislature.
763 (b) An approval under Subsection (2)(a) shall include a recognition of:
764 (i) all parties, dates, and elements of the agreement;
765 (ii) the equity or collateral component that creates the benefit; and
766 (iii) the options dealing with the sale and division of equity.
767 (3) (a) Each technical college shall provide an annual lease report to the board of
768 trustees that details each of the technical college's leases, annual costs, location, square footage,
769 and recommendations for lease continuation.
770 (b) The board of trustees shall compile and distribute an annual combined lease report
771 for all technical colleges to the Division of Facilities Construction and Management and to
772 others upon request.
773 (4) The board of trustees shall use the annual combined lease report in determining
774 planning, utilization, and budget requests.
775 Section 15. Section 53B-2a-114 is amended to read:
776 53B-2a-114. Educational program on the use of information technology.
777 (1) [
778 on the use of information technology as provided in this section.
779 (2) An educational program on the use of information technology shall:
780 (a) provide instruction on skills and competencies essential for the workplace and
781 requested by employers;
782 (b) include the following components:
783 (i) a curriculum;
784 (ii) online access to the curriculum;
785 (iii) instructional software for classroom and student use;
786 (iv) certification of skills and competencies most frequently requested by employers;
787 (v) professional development for faculty; and
788 (vi) deployment and program support, including integration with existing curriculum
789 standards; and
790 (c) be made available to students, faculty, and staff of technical colleges.
791 Section 16. Section 53B-8-101 is amended to read:
792 53B-8-101. Waiver of tuition.
793 (1) (a) The president of an institution of higher education described in Section
794 53B-2-101 may waive all or part of the tuition [
795 resident students to an amount not exceeding 10% of the total amount of tuition which, in the
796 absence of the waivers, would have been collected from all Utah resident students at the
797 institution of higher education.
798 (b) (i) Two and a half percent of the waivers designated in Subsection (1)(a) shall be
799 set aside for members of the Utah National Guard. [
800 (ii) A waiver described in Subsection (1)(b)(i) shall be preserved by the student at least
801 60 days before the beginning of an academic term.
802 (2) (a) A president of an institution of higher education listed in Subsections
803 53B-2-101(1)(a) through (h) may waive all or part of the nonresident portion of tuition for a
804 meritorious nonresident undergraduate student.
805 (b) In determining which students are meritorious for purposes of granting a tuition
806 waiver under Subsection (2)(a), a president shall consider students who are performing above
807 the average at the institution of higher education, including having an admissions index higher
808 than the average for the institution, if an admissions index is used.
809 (c) A president of an institution of higher education may continue to waive the
810 nonresident portion of tuition for a student described in Subsection (2)(a) for as long as the
811 student is enrolled at the institution of higher education.
812 (d) In addition to waiving the nonresident portion of tuition for a meritorious
813 nonresident student under Subsection (2)(a), a president of an institution of higher education
814 may waive the resident portion of tuition after the meritorious nonresident student completes a
815 year of full-time study at the institution of higher education.
816 (3) To encourage students to enroll for instruction in occupations critical to the state for
817 which trained personnel are in short supply, a president of an institution of higher education
818 shall grant additional full or partial tuition waivers upon recommendation of:
819 (a) the board, for an institution of higher education described in [
820 Subsections 53B-2-101(1)(a) through (h); or
821 (b) the Utah System of Technical Colleges Board of Trustees, for a technical college.
822 (4) A president of an institution of higher education may waive all or part of the
823 difference between resident and nonresident tuition [
824 (a) meritorious graduate students; or
825 (b) nonresident summer school students.
826 (5) The board may establish policies that:
827 (a) require an institution of higher education described in Subsections 53B-2-101(1)(a)
828 through (h) to regularly assess and report whether the institution of higher education's use of
829 tuition waivers supports the goals established by the board in accordance with Section
830 53B-1-103 for the institution of higher education;
831 (b) subject to the provisions of this section, establish the amount or percentage of
832 tuition that an institution of higher education may waive;
833 (c) define the terms "meritorious" and "impecunious," as the terms apply to tuition
834 waivers for resident students described in Subsection (1)(a); and
835 (d) establish limitations on an institution of higher education's allocation of waivers
836 described in Subsection (1)(a) for resident students who are meritorious or resident students
837 who are impecunious.
838 [
839 institution of higher education described in Subsections 53B-2-101(1)(a) through (h).
840 (b) The Utah System of Technical Colleges Board of Trustees shall submit an annual
841 budget appropriation request for each technical college.
842 (c) A request described in Subsection [
843 sufficient in amount to equal the estimated loss of dedicated credits that would be realized if all
844 of the tuition waivers authorized by Subsection (2) were granted.
845 Section 17. Section 63C-19-101 is enacted to read:
846
847
848 63C-19-101. Title.
849 This chapter is known as "Higher Education Strategic Planning Commission."
850 Section 18. Section 63C-19-102 is enacted to read:
851 63C-19-102. Definitions.
852 As used in this chapter:
853 (1) "Commission" means the Higher Education Strategic Planning Commission created
854 in Section 63C-19-201.
855 (2) "Institution of higher education" means an institution described in Subsections
856 53B-1-102(1)(a)(ii) through (ix).
857 (3) "Institutional role" means an institution of higher education's role described in
858 Section 53B-16-101.
859 (4) "State system of higher education" means the state system of higher education
860 described in Section 53B-1-102.
861 (5) "Strategic plan" means the strategic plan described in Section 63C-19-202.
862 (6) "Technical college" means the same as that term is defined in Section 53B-1-101.5.
863 Section 19. Section 63C-19-201 is enacted to read:
864
865 63C-19-201. Commission -- Membership -- Quorum and voting requirements --
866 Compensation -- Staff support.
867 (1) There is created the Higher Education Strategic Planning Commission consisting of
868 the following 22 members:
869 (a) two members of the Senate, appointed by the president of the Senate;
870 (b) two members of the House of Representatives, appointed by the speaker of the
871 House of Representatives;
872 (c) two members of the State Board of Regents, appointed by the chair of the State
873 Board of Regents;
874 (d) two members of the Utah System of Technical Colleges Board of Trustees,
875 appointed by the chair of the Utah System of Technical Colleges Board of Trustees;
876 (e) four individuals, appointed by the chair of the State Board of Regents, who
877 represent institutions of higher education from a range of geographic areas and with varied
878 institutional roles;
879 (f) two individuals, appointed by the chair of the Utah System of Technical Colleges
880 Board of Trustees, who represent technical colleges from a range of geographic areas;
881 (g) the commissioner of higher education or the commissioner's designee;
882 (h) the commissioner of technical education or the commissioner's designee;
883 (i) a member of the governor's staff who is responsible for advising the governor on
884 education issues, appointed by the governor;
885 (j) the executive director of the Governor's Office of Economic Development or the
886 executive director's designee;
887 (k) the executive director of the Department of Workforce Services or the executive
888 director's designee;
889 (l) the state superintendent of public instruction or the superintendent's designee; and
890 (m) two Utah business leaders, one appointed by the president of the Senate and one
891 appointed by the speaker of the House of Representatives.
892 (2) (a) The president of the Senate shall appoint one of the members described in
893 Subsection (1)(a) as a cochair of the commission.
894 (b) The speaker of the House of Representatives shall appoint one of the members
895 described in Subsection (1)(b) as a cochair of the commission.
896 (c) The chair of the State Board of Regents shall appoint one of the members described
897 in Subsection (1)(c) as a vice chair of the commission.
898 (d) The chair of the Utah System of Technical Colleges Board of Trustees shall appoint
899 one of the members described in Subsection (1)(d) as a vice chair of the commission.
900 (3) (a) The salary and expenses of a commission member who is a legislator shall be
901 paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3,
902 Legislator Compensation.
903 (b) A commission member who is not a legislator may not receive compensation or
904 benefits for the member's service on the commission, but may receive per diem and
905 reimbursement for travel expenses incurred as a commission member at the rates established by
906 the Division of Finance under:
907 (i) Sections 63A-3-106 and 63A-3-107; and
908 (ii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
909 63A-3-107.
910 (4) (a) A majority of the commission members constitutes a quorum.
911 (b) The action of a majority of a quorum constitutes an action of the commission.
912 (5) The Office of Legislative Research and General Counsel and the Office of the
913 Legislative Fiscal Analyst shall provide staff support to the commission.
914 Section 20. Section 63C-19-202 is enacted to read:
915 63C-19-202. Commission powers and duties -- Strategic plan -- Consultant --
916 Reports.
917 (1) (a) The commission shall develop a strategic plan aimed at meeting the future
918 challenges of the state system of higher education.
919 (b) The strategic plan shall address:
920 (i) providing quality, accessible, and innovative postsecondary education that prepares
921 Utahns for the twenty-first century;
922 (ii) cost-effective and affordable modes of higher education delivery;
923 (iii) the integration of prior learning and competency-based experiences to meet degree
924 or certificate requirements;
925 (iv) maximizing the role of the state system of higher education in workforce and
926 economic development;
927 (v) a statewide campus and technology master plan that reflects regional differences in
928 projected student enrollment growth in the state system of higher education;
929 (vi) governance of the state system of higher education, including studying best
930 practices and recommending modifications; and
931 (vii) other issues related to the state system of higher education as determined by the
932 commission.
933 (2) (a) The commission shall:
934 (i) select a consultant to manage the strategic planning process in accordance with
935 Subsection (3);
936 (ii) guide the analytical work of a consultant described in Subsection (2)(a)(i) and
937 review the results of the work;
938 (iii) coordinate with a consultant described in Subsection (2)(a)(i) to engage in a
939 strategic planning process and create a strategic plan;
940 (iv) conduct regional meetings to gather stakeholder input during the strategic planning
941 process; and
942 (v) report to the Legislature and the governor in accordance with Subsection (5).
943 (b) The commission may designate and assign working groups within the commission
944 to address, study, evaluate, or discuss issues related to the commission's work.
945 (3) Subject to direction from the commission, a consultant selected under Subsection
946 (2)(a) shall:
947 (a) collect and analyze data related to the current and future projected conditions of the
948 state system of higher education, including:
949 (i) relevant demographics and educational attainment;
950 (ii) the state's economy, including workforce supply and demand;
951 (iii) affordability and financing of higher education through tuition, state funding, and
952 other sources;
953 (iv) innovation by institutions of higher education, including research and research
954 commercialization;
955 (v) operational and capital facility efficiencies;
956 (vi) accountability measures to assess the performance of the state system of higher
957 education; and
958 (vii) any other data collection or analysis requested by the commission;
959 (b) based on the data described in Subsection (3)(a), make comparisons between higher
960 education in Utah and higher education in other states or countries;
961 (c) project the condition of the state system of higher education in the future under the
962 state's current system based on the projected:
963 (i) population;
964 (ii) workforce needs; and
965 (iii) funding requirements through tuition and state funding;
966 (d) develop alternatives to the projection described in Subsection (3)(c) by modeling
967 potential changes to:
968 (i) industry and economic growth;
969 (ii) student enrollment patterns;
970 (iii) the portion of funding for the state system of higher education that comes from
971 tuition and the portion of funding that comes from state funding; and
972 (iv) investments in capital facilities or technology infrastructure;
973 (e) recommend accountability or performance measures to assess the effectiveness of
974 the state system of higher education;
975 (f) in coordination with the commission, conduct the regional meetings described in
976 Subsection (2)(a)(iv) to share information and seek input from a range of stakeholders;
977 (g) recommend changes to the governance system for the state system of higher
978 education that would facilitate implementation of the strategic plan; and
979 (h) produce for the commission:
980 (i) a draft report, including findings, observations, and strategic priorities; and
981 (ii) a final report, incorporating feedback from the commission on the draft report
982 described in Subsection (3)(h)(i), regarding the future of the state system of higher education.
983 (4) The State Board of Regents and the Utah System of Technical Colleges Board of
984 Trustees shall provide the commission and a consultant selected under Subsection (2)(a) with
985 data and data analysis as requested by the commission.
986 (5) (a) On or before November 30, 2018, the commission shall report on the
987 commission's progress to:
988 (i) the Education Interim Committee;
989 (ii) the Higher Education Appropriations Subcommittee;
990 (iii) the Legislative Management Committee; and
991 (iv) the governor.
992 (b) On or before November 30, 2019, the commission shall provide a final report,
993 including a strategic plan and any recommendations, 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 Section 21. Section 63I-2-253 is amended to read:
999 63I-2-253. Repeal dates -- Titles 53 through 53G.
1000 [
1001 [
1002 [
1003 [
1004 [
1005 [
1006 [
1007 [
1008
1009 [
1010 [
1011 [
1012 (b) When repealing Subsections 53B-2a-103(2) and (4), the Office of Legislative
1013 Research and General Counsel shall, in addition to its authority under Subsection 36-12-12(3),
1014 make necessary changes to subsection numbering and cross references.
1015 (3) (a) Subsection 53B-2a-108(5) is repealed July 1, 2022.
1016 (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
1017 General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
1018 necessary changes to subsection numbering and cross references.
1019 [
1020 [
1021 [
1022 [
1023 (i) Section 53B-8-202;
1024 (ii) Section 53B-8-203;
1025 (iii) Section 53B-8-204; and
1026 (iv) Section 53B-8-205.
1027 (b) (i) Subsection 53B-8-201(2) is repealed on July 1, 2023.
1028 (ii) When repealing Subsection 53B-8-201(2), the Office of Legislative Research and
1029 General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
1030 necessary changes to subsection numbering and cross references.
1031 [
1032 repealed July 1, 2023.
1033 (8) Subsection 53E-5-306(3)(b)(ii)(B) is repealed July 1, 2020.
1034 (9) Section 53E-5-307 is repealed July 1, 2020.
1035 (10) Section 53F-4-204 is repealed July 1, 2019.
1036 (11) Section 53F-6-202 is repealed July 1, 2020.
1037 Section 22. Section 63I-2-263 is amended to read:
1038 63I-2-263. Repeal dates, Title 63A to Title 63N.
1039 [
1040 (1) Title 63C, Chapter 19, Higher Education Strategic Planning Commission, is
1041 repealed July 1, 2020.
1042 (2) Section 63H-7a-303 is repealed on July 1, 2022.
1043 (3) On July 1, 2019:
1044 (a) in Subsection 63J-1-206(3)(c)(i), the language that states "(i) Except as provided in
1045 Subsection (3)(c)(ii)" is repealed; and
1046 (b) Subsection 63J-1-206(3)(c)(ii) is repealed.
1047 (4) Subsection 63N-3-109(2)(f)(i)(B) is repealed July 1, 2020.
1048 (5) Section 63N-3-110 is repealed July 1, 2020.
1049 Section 23. Appropriation.
1050 The following sums of money are appropriated for the fiscal year beginning July 1,
1051 2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
1052 fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
1053 Act, the Legislature appropriates the following sums of money from the funds or accounts
1054 indicated for the use and support of the government of the state of Utah.
1055 ITEM 1
1056 To Legislature - Legislative Services
1057 From General Fund, one-time
$337,000
1058 Schedule of Programs:
1059 Administration $337,000
1060 The Legislature intends that the appropriation under this item be used for the
1061 requirements described in Title 63C, Chapter 19, Higher Education Strategic Planning
1062 Commission.
1063 ITEM 2
1064 To Legislature - Senate
1065 From General Fund, one-time
$6,300
1066 Schedule of Programs:
1067 Administration $6,300
1068 ITEM 3
1069 To Legislature - House of Representatives
1070 From General Fund, one-time
$6,300
1071 Schedule of Programs:
1072 Administration $6,300