1     
HIGHER EDUCATION AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Melissa G. Ballard

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the Utah system of higher education.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     amends the duties of the Utah Board of Higher Education (the board);
14          ▸     reorganizes provisions related to technical education provided by certain
15     degree-granting institutions;
16          ▸     authorizes an institution of higher education to form a nonprofit corporation or
17     foundation, within the institution of higher education's role and mission;
18          ▸     amends provisions related to the duties of institution of higher education boards of
19     trustees;
20          ▸     repeals provisions related to the Salt Lake Community College School of Applied
21     Technology;
22          ▸     transfers responsibility for Salt Lake Community College School of Applied
23     Technology to Salt Lake Community College;
24          ▸     repeals outdated provisions; and
25          ▸     makes technical and conforming changes.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          This bill provides a special effective date.

30          This bill provides coordination clauses.
31     Utah Code Sections Affected:
32     AMENDS:
33          53B-1-112, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 315
34          53B-1-114, as last amended by Laws of Utah 2020, Chapter 365
35          53B-1-402, as renumbered and amended by Laws of Utah 2020, Chapter 365
36          53B-1-408, as last amended by Laws of Utah 2020, Chapter 352 and renumbered and
37     amended by Laws of Utah 2020, Chapter 365
38          53B-2-102, as last amended by Laws of Utah 2020, Chapter 365
39          53B-2-103, as last amended by Laws of Utah 2020, Chapter 365
40          53B-2-104, as last amended by Laws of Utah 2020, Chapters 352, 365, and 373
41          53B-2-106, as last amended by Laws of Utah 2020, Chapter 365
42          53B-2a-100.5, as last amended by Laws of Utah 2020, Chapter 365
43          53B-2a-107, as last amended by Laws of Utah 2020, Chapter 365
44          53B-2a-110, as last amended by Laws of Utah 2020, Chapter 365
45          53B-6-105, as last amended by Laws of Utah 2019, Chapter 444
46          53B-7-103, as enacted by Laws of Utah 1987, Chapter 167
47          53B-7-105, as enacted by Laws of Utah 2004, Chapter 116
48          53B-8-115, as last amended by Laws of Utah 2020, Chapter 196
49          53B-8d-102, as last amended by Laws of Utah 2017, Chapter 382
50          53B-16-101, as last amended by Laws of Utah 2020, Chapter 365
51          53B-16-205, as last amended by Laws of Utah 2020, Chapter 365
52          53B-16-207, as last amended by Laws of Utah 2019, Chapter 357
53          53B-26-102, as last amended by Laws of Utah 2019, Chapters 136 and 357
54          53B-28-402, as enacted by Laws of Utah 2020, Chapter 254
55          53E-3-507, as last amended by Laws of Utah 2020, Chapter 365
56          63A-5b-102, as enacted by Laws of Utah 2020, Chapter 152
57          63A-5b-202, as enacted by Laws of Utah 2020, Chapter 152

58          63A-5b-403, as enacted by Laws of Utah 2020, Chapter 152
59          63I-2-253, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 13
60          63N-12-501, as last amended by Laws of Utah 2020, Chapter 164
61     ENACTS:
62          53B-2-112, Utah Code Annotated 1953
63          53B-2a-201, Utah Code Annotated 1953
64          53B-2a-202, Utah Code Annotated 1953
65     REPEALS:
66          53B-1-115, as enacted by Laws of Utah 2018, Chapter 3
67          53B-1-503, as enacted by Laws of Utah 2020, Chapter 365
68          53B-2-105, as last amended by Laws of Utah 1991, Chapter 58
69          53B-2a-103, as last amended by Laws of Utah 2020, Chapters 352 and 373
70          53B-2a-104, as last amended by Laws of Utah 2020, Chapter 365
71          53B-2a-114, as last amended by Laws of Utah 2020, Chapter 365
72          53B-16-201, as last amended by Laws of Utah 2017, Chapter 382
73          53B-16-209, as last amended by Laws of Utah 2020, Chapter 365
74          53B-16-211, as enacted by Laws of Utah 2012, Chapter 181
75     Utah Code Sections Affected by Coordination Clause:
76          53B-7-702, as last amended by Laws of Utah 2020, Chapter 365
77          53B-8-115, as last amended by Laws of Utah 2020, Chapter 196
78          53B-26-102, as last amended by Laws of Utah 2019, Chapters 136 and 357
79          63N-1b-101, Utah Code Annotated 1953
80     

81     Be it enacted by the Legislature of the state of Utah:
82          Section 1. Section 53B-1-112 is amended to read:
83          53B-1-112. Disclosure requirements for institution programs.
84          (1) As used in this section:
85          (a) "Department" means the Department of Workforce Services.

86          [(b) (i) "Institution" means:]
87          [(A) the University of Utah;]
88          [(B) Utah State University;]
89          [(C) Weber State University;]
90          [(D) Southern Utah University;]
91          [(E) Snow College;]
92          [(F) Dixie State University;]
93          [(G) Utah Valley University;]
94          [(H) Salt Lake Community College; and]
95          [(I) except as provided in Subsection (1)(b)(iii), any other university or college
96     established and maintained by the state.]
97          [(ii) "Institution" includes a branch or affiliated institution and a campus or facility
98     owned, operated, or controlled by the governing board of the university or college.]
99          [(iii) "Institution" does not include a technical college.]
100          (b) "Institution" means an institution of higher education described in Section
101     53B-1-102.
102          (c) "Job placement data" means information collected by the board, and based on
103     information from the department, that reflects the job placement rate and industry employment
104     information for a student who graduates from a program.
105          (d) (i) "Program" means a program of organized instruction or study at an institution
106     that leads to:
107          (A) an academic degree;
108          (B) a professional degree;
109          (C) a vocational degree;
110          (D) a certificate of one year or greater or the direct assessment equivalent; or
111          (E) another recognized educational credential.
112          (ii) "Program" includes instruction or study that, in lieu of time as a measurement for
113     student learning, utilizes direct assessment of student learning, or recognizes the direct

114     assessment of student learning by others, if the assessment is consistent with the accreditation
115     of the institution or program utilizing the results of the assessment.
116          (e) "Student loan information" means the percentage of students at an institution who:
117          (i) received a Title IV loan authorized under:
118          (A) the Federal Perkins Loan Program;
119          (B) the Federal Family Education Loan Program; or
120          (C) the William D. Ford Direct Loan Program; and
121          (ii) fail to pay a loan described in Subsection (1)(e)(i)(A), (B), or (C).
122          (f) "Total costs" means:
123          (i) the estimated costs a student would incur while completing a program, including:
124          (A) tuition and fees; and
125          (B) books, supplies, and equipment; and
126          (ii) calculated based on a student's degree, the institution's average costs that would be
127     incurred while a student completes a program and are subsidized by taxpayer contribution,
128     including:
129          (A) tuition and fees; and
130          (B) other applicable expenses subsidized by taxpayer contribution for program
131     completion.
132          (g) "Wage data" means information collected by the board, and based on information
133     from the department, that reflects a student's wage the first year and fifth year after a student
134     has successfully completed a program.
135          (2) (a) Except as provided in Subsection [(5)] (4), for each program listed in an
136     institution's course catalog or each program otherwise offered by the institution, the institution
137     shall provide a conspicuous and direct link on the institution's website, subject to Subsection
138     (2)(b), to the following information maintained by the board in accordance with Subsection (3):
139          (i) job placement data;
140          (ii) to the extent supporting data is available, student loan information;
141          (iii) total costs; and

142          (iv) wage data.
143          (b) An institution shall include the information described in Subsection (2)(a) on each
144     institutional website that includes academic, cost, financial aid, or admissions information for a
145     program.
146          (3) The board or the board's designee shall:
147          (a) collect the information described in Subsection (2)(a);
148          (b) develop through user testing a format for the display of information described in
149     Subsection (2)(a) that is easily accessible and informative; and
150          (c) maintain the information described in Subsection (2)(a) so that it is current.
151          [(4) No later than July 1, 2018:]
152          [(a) the board shall make the information described in Subsection (2)(a) available in a
153     format described in Subsection (3)(b); and]
154          [(b) an institution shall include the information described in Subsection (2)(a) in
155     accordance with Subsection (2)(b).]
156          [(5)] (4) An institution is not subject to Subsection (2) for a program that the institution
157     is required to report on under 34 C.F.R. Sec. 668.412.
158          [(6)] (5) The board shall, in accordance with Title 63G, Chapter 3, Utah Administrative
159     Rulemaking Act, make rules for the implementation and administration of this section.
160          Section 2. Section 53B-1-114 is amended to read:
161          53B-1-114. Coordination for education.
162          (1) At least quarterly, in order to coordinate education services, the commissioner and
163     the state superintendent of public instruction shall convene a meeting of individuals who have
164     responsibilities related to Utah's education system, including:
165          (a) the state superintendent of public instruction;
166          (b) the commissioner;
167          (c) the executive director of the Department of Workforce Services described in
168     Section 35A-1-201;
169          (d) the executive director of the Governor's Office of Economic Development

170     described in Section 63N-1-202;
171          (e) the chair of the State Board of Education;
172          (f) the chair of the Utah Board of Higher Education;
173          (g) a member of the governor's staff; and
174          (h) the chairs of the Education Interim Committee.
175          (2) The coordinating group described in this section shall, for the State Board of
176     Education and the Utah Board of Higher Education:
177          (a) coordinate strategic planning efforts;
178          (b) [encourage alignment of] align strategic plans; and
179          (c) report on the State Board of Education's strategic plan to the Utah Board of Higher
180     Education and the Utah Board of Higher Education's strategic plan to the State Board of
181     Education.
182          (3) A meeting described in Subsection (1) is not subject to Title 52, Chapter 4, Open
183     and Public Meetings Act.
184          Section 3. Section 53B-1-402 is amended to read:
185          53B-1-402. Establishment of board -- Powers, duties, and authority -- Reports.
186          (1) There is established a State Board of Regents, which:
187          (a) beginning July 1, 2020, is renamed the Utah Board of Higher Education;
188          (b) is the governing board for the institutions of higher education;
189          (c) controls, manages, and supervises the Utah system of higher education; and
190          (d) is a body politic and corporate with perpetual succession and with all rights,
191     immunities, and franchises necessary to function as a body politic and corporate.
192          (2) The board shall:
193          (a) establish and promote a state-level vision and goals for higher education that
194     emphasize system priorities, including:
195          (i) quality;
196          (ii) affordability;
197          [(iii) educational opportunity, access, equity, and completion;]

198          (iii) access and equity;
199          (iv) completion;
200          [(iv)] (v) workforce alignment and preparation for high-quality jobs; and
201          [(v)] (vi) economic growth;
202          (b) establish policies and practices that advance the vision and goals;
203          (c) establish metrics to demonstrate and monitor:
204          (i) performance related to the goals; and
205          (ii) performance on measures of operational efficiency;
206          (d) collect and analyze data including economic data, demographic data, and data
207     related to the metrics;
208          (e) coordinate data collection across institutions;
209          (f) establish, approve, and oversee each institution's mission and role in accordance
210     with Section 53B-16-101;
211          (g) assess an institution's performance in accomplishing the institution's mission and
212     role;
213          (h) participate in the establishment and review of programs of instruction in accordance
214     with Section 53B-16-102;
215          (i) perform duties related to an institution of higher education president, including:
216          (i) appointing an institution of higher education president in accordance with [Sections
217     53B-2-102 and 53B-2a-107] Section 53B-2-102;
218          (ii) providing support and guidance to an institution of higher education president;
219     [and]
220          (iii) evaluating an institution of higher education president based on institution
221     performance and progress toward systemwide priorities; and
222          (iv) setting the compensation for an institution of higher education president;
223          (j) create and implement a strategic finance plan for higher education, including by:
224          (i) establishing comprehensive budget and finance priorities for academic education
225     and technical education;

226          (ii) allocating statewide resources to institutions;
227          (iii) setting tuition for each institution;
228          (iv) administering state financial aid programs;
229          (v) administering performance funding in accordance with Chapter 7, Part 7,
230     Performance Funding; and
231          (vi) developing a strategic capital facility plan and prioritization process in accordance
232     with Chapter 22, Part 2, Capital Developments, and Sections 53B-2a-117 and 53B-2a-118;
233          (k) create a seamless articulated education system for Utah students that responds to
234     changing demographics and workforce, including by:
235          (i) providing for statewide prior learning assessment, in accordance with Section
236     53B-16-110;
237          (ii) establishing and maintaining clear pathways for articulation and transfer, in
238     accordance with Section 53B-16-105;
239          (iii) establishing degree program requirement guidelines, including credit hour limits;
240          (iv) aligning general education requirements across degree-granting institutions;
241          (v) coordinating and incentivizing collaboration and partnerships between institutions
242     in delivering programs;
243          (vi) coordinating distance delivery of programs; and
244          (vii) coordinating work-based learning;
245          (l) coordinate with the public education system:
246          (i) regarding public education programs that provide postsecondary credit or
247     certificates; and
248          (ii) to ensure that an institution of higher education providing technical education
249     serves secondary students in the public education system;
250          (m) delegate to an institution board of trustees certain duties related to institution
251     governance including:
252          (i) guidance and support for the institution president;
253          (ii) effective administration;

254          (iii) the institution's responsibility for contributing to progress toward achieving
255     systemwide goals; and
256          (iv) other responsibilities determined by the board;
257          (n) delegate to an institution of higher education president management of the
258     institution of higher education;
259          (o) consult with an institution of higher education board of trustees or institution of
260     higher education president before acting on matters pertaining to the institution of higher
261     education;
262          [(o)] (p) maximize efficiency throughout the Utah system of higher education by
263     identifying and establishing shared administrative services;
264          [(p)] (q) develop strategies for providing higher education, including career and
265     technical education, in rural areas;
266          [(q)] (r) manage and facilitate a process for initiating, prioritizing, and implementing
267     education reform initiatives; and
268          [(r)] (s) provide ongoing quality review of institutions.
269          (3) The board shall submit an annual report of the board's activities and performance
270     against the board's goals and metrics to:
271          (a) the Education Interim Committee;
272          (b) the Higher Education Appropriations Subcommittee;
273          (c) the governor; and
274          (d) each institution of higher education.
275          (4) The board shall prepare and submit an annual report detailing the board's progress
276     and recommendations on workforce related issues, including career and technical education, to
277     the governor and to the Legislature's Education Interim Committee by October 31 of each year,
278     including information detailing:
279          (a) how the career and technical education needs of secondary students are being met
280     by institutions of higher education;
281          (b) how the emphasis on high demand, high wage, and high skill jobs in business and

282     industry is being provided;
283          (c) performance outcomes, including:
284          (i) entered employment;
285          (ii) job retention; and
286          (iii) earnings;
287          (d) an analysis of workforce needs and efforts to meet workforce needs; and
288          (e) student tuition and fees.
289          (5) The board may modify the name of an institution of higher education to reflect the
290     role and general course of study of the institution.
291          (6) The board may not [conduct a feasibility study or perform another act] take action
292     relating to merging a technical college with another institution of higher education without
293     legislative approval.
294          (7) This section does not affect the power and authority vested in the State Board of
295     Education to apply for, accept, and manage federal appropriations for the establishment and
296     maintenance of career and technical education.
297          (8) The board shall ensure that any training or certification that an employee of the
298     higher education system is required to complete under this title or by board rule complies with
299     Title 63G, Chapter 22, State Training and Certification Requirements.
300          Section 4. Section 53B-1-408 is amended to read:
301          53B-1-408. Appointment of commissioner of higher education -- Qualifications --
302     Associate commissioners -- Duties.
303          (1) (a) [Subject to Section 53B-1-503, the] The board, upon approval from the
304     governor and with the advice and consent of the Senate, shall appoint a commissioner of higher
305     education to serve at the board's pleasure as the board's chief executive officer.
306          (b) The commissioner may be terminated by:
307          (i) the board; or
308          (ii) the governor, after consultation with the board.
309          (c) The board shall:

310          (i) set the salary of the commissioner;
311          (ii) subject to Subsection (3), prescribe the duties and functions of the commissioner;
312     and
313          (iii) select a commissioner on the basis of outstanding professional qualifications.
314          (2) (a) The commissioner shall appoint, subject to approval by the board:
315          (i) an associate commissioner for academic education; and
316          (ii) an associate commissioner for technical education.
317          (b) (i) The commissioner may appoint associate commissioners in addition to the
318     associate commissioners described in Subsection (2)(a).
319          (ii) An association commissioner described in Subsection (2)(b)(i) is not subject to the
320     approval of the board.
321          (3) The commissioner is responsible to the board to:
322          (a) ensure that the policies, programs, and strategic plan of the board are properly
323     executed;
324          (b) furnish information about the Utah system of higher education and make
325     recommendations regarding that information to the board;
326          (c) provide state-level leadership in any activity affecting an institution of higher
327     education; and
328          (d) perform other duties assigned by the board in carrying out the board's duties and
329     responsibilities.
330          Section 5. Section 53B-2-102 is amended to read:
331          53B-2-102. Appointment of institution of higher education presidents.
332          (1) As used in this section:
333          (a) "Institution of higher education" means:
334          (i) a degree-granting institution[.]; or
335          (ii) a technical college.
336          (b) "President" means the president of an institution of higher education.
337          (c) "Search committee" means a committee that selects finalists for a position as an

338     institution of higher education president.
339          (2) The board shall appoint a president for each institution of higher education.
340          (3) An institution of higher education president serves at the pleasure of the board.
341          (4) (a) (i) Except as provided in Subsection (4)(a)(ii), to appoint an institution of higher
342     education president, the board shall establish a search committee that includes representatives
343     of faculty, staff, students, the institution of higher education board of trustees, alumni, the
344     outgoing institution of higher education president's executive council or cabinet, and the board.
345          (ii) The board may delegate the authority to appoint the search committee described in
346     Subsection (4)(a)(i) to an institution of higher education board of trustees.
347          (iii) The commissioner shall provide staff support to a search committee.
348          (b) (i) Except as provided in Subsection (4)(b)(ii), a search committee shall be
349     cochaired by a member of the board and a member of the institution of higher education board
350     of trustees.
351          (ii) The board may delegate the authority to chair a search committee to the institution
352     of higher education board trustees.
353          (c) A search committee described in Subsection (4)(a) shall forward three to five
354     finalists to the board to consider for a position as an institution of higher education president .
355          (d) A search committee may not forward an individual to the board as a finalist unless
356     two-thirds of the search committee members, as verified by the commissioner, find the
357     individual to be qualified and likely to succeed as an institution of higher education president.
358          (5) (a) The board shall select an institution of higher education president from among
359     the finalists presented by a search committee.
360          (b) If the board is not satisfied with the finalists forwarded by a search committee, the
361     board may direct the search committee to resume the search process until the search committee
362     has forwarded three finalists with whom the board is satisfied.
363          (6) The board, through the commissioner, shall create a comprehensive, active
364     recruiting plan to ensure a strong, diverse pool of potential candidates for institution of higher
365     education presidents.

366          (7) (a) Except as provided in Subsection (7)(b), a record or information gathered or
367     generated during the search process, including a candidate's application and the search
368     committee's deliberations, is confidential and is a protected record under Section 63G-2-305.
369          (b) Application materials for a publicly named finalist described in Subsection (5)(a)
370     are not protected records under Section 63G-2-305.
371          Section 6. Section 53B-2-103 is amended to read:
372          53B-2-103. Degree-granting institution board of trustees -- Powers and duties.
373          (1) A degree-granting institution has a board of trustees that may act on behalf of the
374     institution in performing duties, responsibilities, and functions as may be specifically
375     authorized to the board of trustees by the board or by statute.
376          (2) A board of trustees of a degree-granting institution has the following powers and
377     duties:
378          (a) to facilitate communication between the institution and the community;
379          (b) to assist in planning, implementing, and executing fund raising and development
380     projects aimed at supplementing institutional appropriations;
381          (c) to perpetuate and strengthen alumni and community identification with the
382     degree-granting institution's tradition and goals;
383          (d) to select recipients of honorary degrees; and
384          (e) to approve changes to the degree-granting institution's programs, in accordance
385     with Section 53B-16-102.
386          (3) A board of trustees of a degree-granting institution shall:
387          (a) approve a strategic plan for the institution of higher education that is aligned with:
388          (i) state attainment goals;
389          (ii) workforce needs; [and]
390          (iii) board goals and metrics described in Section 53B-1-402; and
391          [(iii)] (iv) the institution of higher education's role, mission, and distinctiveness; and
392          (b) monitor the institution of higher education's progress toward achieving the strategic
393     plan.

394          Section 7. Section 53B-2-104 is amended to read:
395          53B-2-104. Degree-granting institution board of trustees -- Membership -- Terms
396     -- Vacancies -- Oath -- Officers -- Bylaws -- Quorum -- Committees -- Compensation.
397          (1) As used in this section, "board of trustees" means the board of trustees for a
398     degree-granting institution.
399          [(1)] (2) (a) [Except as provided in Subsection (10), the] The board of trustees of [an
400     institution of higher education] a degree-granting institution consists of the following:
401          (i) except as provided in Subsection [(1)] (2)(c), eight individuals appointed by the
402     governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24,
403     Part 2, Vacancies; and
404          (ii) two ex officio members who are the president of the institution's alumni
405     association, and the president of the associated students of the institution.
406          [(b) The appointed members of the boards of trustees for Utah Valley University and
407     Salt Lake Community College shall be representative of the interests of business, industry, and
408     labor.]
409          (b) In making the appointments described in Subsections (2)(a)(i) and (2)(c)(i), the
410     governor:
411          (i) shall ensure that the membership of a board of trustees includes representation of
412     interests of business, industry, and labor; and
413          (ii) may not appoint an individual to more than two consecutive full terms.
414          (c) (i) The board of trustees of Utah State University has nine individuals appointed by
415     the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter
416     24, Part 2, Vacancies.
417          (ii) One of the nine individuals described in Subsection [(1)] (2)(c)(i) shall reside in the
418     Utah State University Eastern service region or the Utah State University Blanding service
419     region.
420          [(2)] (3) (a) The governor shall appoint four members of each board of trustees during
421     each odd-numbered year to four-year terms commencing on July 1 of the year of appointment.

422          (b) Except as provided in Subsection [(2)] (3)(d), a member appointed under
423     Subsection [(1)] (2)(a)(i) or [(1)] (2)(c)(i) holds office until a successor is appointed and
424     qualified.
425          (c) The ex officio members serve for the same period as they serve as presidents and
426     until their successors have qualified.
427          (d) (i) The governor may remove a member appointed under Subsection [(1)] (2)(a)(i)
428     or [(1)] (2)(c)(i) for cause.
429          (ii) The governor shall consult with the president of the Senate before removing a
430     member [appointed under Subsection (1)(a)(i) or (1)(c)(i)] in accordance with Subsection
431     (3)(d)(i).
432          [(3)] (4) When a vacancy occurs in the membership of a board of trustees for any
433     reason, [the replacement shall be appointed] the governor shall appoint a replacement for the
434     unexpired term.
435          [(4)] (5) (a) Each member of a board of trustees shall take the official oath of office
436     prior to assuming the office.
437          (b) The oath shall be filed with the Division of Archives and Records Services.
438          [(5)] (6) A board of trustees shall elect a chair and vice chair, who serve for two years
439     and until their successors are elected and qualified.
440          [(6)] (7) (a) A board of trustees may enact bylaws for the board of trustees' own
441     government, including provisions for regular meetings.
442          (b) (i) A board of trustees may provide for an executive committee in the board of
443     trustees' bylaws.
444          (ii) If established, an executive committee shall have full authority of the board of
445     trustees to act upon routine matters during the interim between board of trustees meetings.
446          (iii) An executive committee may act on nonroutine matters only under extraordinary
447     and emergency circumstances.
448          (iv) An executive committee shall report the executive committee's activities to the
449     board of trustees at the board of trustees' next regular meeting following the action.

450          (c) Copies of a board of trustees' bylaws shall be filed with the board.
451          [(7)] (8) A quorum is required to conduct business and consists of six members.
452          [(8)] (9) A board of trustees may establish advisory committees.
453          [(9)] (10) A member may not receive compensation or benefits for the member's
454     service, but may receive per diem and travel expenses in accordance with:
455          (a) Section 63A-3-106;
456          (b) Section 63A-3-107; and
457          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
458     63A-3-107.
459          [(10) This section does not apply to a technical college board of trustees described in
460     Section 53B-2a-108.]
461          (11) A board of trustees member shall comply with the conflict of interest provisions
462     described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
463          Section 8. Section 53B-2-106 is amended to read:
464          53B-2-106. Duties and responsibilities of the president of a degree-granting
465     institution of higher education -- Approval by board of trustees.
466          (1) As used in this section, "president" means the president of a degree-granting
467     institution.
468          [(1)] (2) (a) [Except as provided in Subsection (6), the] The president of each
469     [institution of higher education described in Section 53B-2-101] degree-granting institution
470     may exercise grants of power and authority as delegated by the board, as well as the necessary
471     and proper exercise of powers and authority not specifically denied to the [institution of higher
472     education or the institution of higher education's] degree-granting institution or the
473     degree-granting institution's administration, faculty, or students by the board or by law, to
474     ensure the effective and efficient administration and operation of the [institution of higher
475     education] degree-granting institution consistent with the statewide [master] strategic plan for
476     higher education.
477          (b) [The president of each institution of higher education] A president may, after

478     consultation with the [institution of higher education's] degree-granting institution's board of
479     trustees, exercise powers relating to the [institution of higher education's] degree-granting
480     institution's employees, including faculty and persons under contract with the [institution of
481     higher education] degree-granting institution, by implementing:
482          (i) furloughs;
483          (ii) reductions in force;
484          (iii) benefit adjustments;
485          (iv) program reductions or discontinuance;
486          (v) early retirement incentives that provide cost savings to the degree-granting
487     institution [of higher education]; or
488          (vi) other measures that provide cost savings to the degree-granting institution [of
489     higher education].
490          [(2) Except as provided by the board, the president of each institution of higher
491     education, with the approval of the institution of higher education's board of trustees, may:]
492          (3) A president may:
493          (a) (i) appoint a secretary, a treasurer, administrative officers, deans, faculty members,
494     and other professional personnel[,];
495          (ii) prescribe [their duties, and determine their salaries] duties for a position described
496     in Subsection (3)(a)(i);
497          [(ii)] (iii) appoint support personnel[,];
498          (iv) prescribe [their duties, and] duties for support personnel;
499          (v) determine [their] salaries for support personnel from the [institution of higher
500     education's] degree-granting institution's position classification plan, which may:
501          (A) be based upon similarity of duties and responsibilities within the institution of
502     higher education; and
503          (B) as funds permit, provide salary and benefits comparable with private enterprise;
504          [(iii)] (vi) adopt policies for:
505          (A) employee sick leave use and accrual; and

506          (B) service recognition for employees with more than 15 years of employment with the
507     [institution of higher education] degree-granting institution; and
508          [(iv)] (vii) subject to the authority of, the policy established by, and the approval of the
509     board, and recognizing the status of the institutions within the [state] Utah system of higher
510     education as bodies politic and corporate, appoint attorneys to:
511          (A) provide legal advice to the [institution of higher education's] degree-granting
512     institution's administration; and [to]
513          (B) coordinate legal affairs within the degree-granting institution [of higher education.
514     The board shall coordinate activities of attorneys at the institutions of higher education. The
515     institutions of higher education shall provide an annual report to the board on the activities of
516     appointed attorneys. These appointed attorneys may not conduct litigation, settle claims
517     covered by the State Risk Management Fund, or issue formal legal opinions, but shall, in all
518     respects, cooperate with the Office of the Attorney General in providing legal representation to
519     the institution of higher education];
520          (b) subject to the approval of the degree-granting institution's board of trustees, provide
521     for the constitution, government, and organization of the faculty and administration, and enact
522     implementing rules, including the establishment of a prescribed system of tenure;
523          (c) subject to the approval of the degree-granting institution's board of trustees,
524     authorize the faculty to determine the general initiation and direction of instruction and of the
525     examination, admission, and classification of students[. In recognition of the diverse nature
526     and traditions of the various institutions governed by the board, the systems of faculty
527     government need not be identical but should be designed to further faculty identification with
528     and involvement in the institution's pursuit of achievement and excellence and in fulfillment of
529     the institution's role as established in the statewide master plan for higher education]; and
530          (d) enact rules for administration and operation of the degree-granting institution
531     [which] that:
532          (i) are consistent with the [prescribed] degree-granting institution's role established by
533     the board, rules enacted by the board, or the laws of the state[. The rules]; and

534          (ii) may provide for:
535          (A) administrative, faculty, student, and joint committees with jurisdiction over
536     specified institutional matters[, for];
537          (B) student government and student affairs organization[, for];
538          (C) the establishment of institutional standards in furtherance of the ideals of higher
539     education fostered and subscribed to by the degree-granting institution [of higher education, the
540     institution of higher education's] and the degree-granting institution's administration, faculty,
541     and students[, and for]; and
542          (D) the holding of classes on legal holidays, other than Sunday.
543          [(3)] (4) [An institution of higher education] A president shall manage the president's
544     degree-granting institution as a part of the Utah system of higher education.
545          [(4)] (5) (a) Compensation costs and related office expenses for [appointed attorneys]
546     an attorney described in Subsection (3)(a)(vii) shall be funded within existing budgets.
547          (b) The board shall coordinate the activities of attorneys described in Subsection
548     (3)(a)(vii).
549          (c) An attorney described in Subsection (3)(a)(vii):
550          (i) may not:
551          (A) conduct litigation;
552          (B) settle a claim covered by the State Risk Management Fund; or
553          (C) issue a formal legal opinion; and
554          (ii) shall cooperate with the Office of the Attorney General in providing legal
555     representation to a degree-granting institution.
556          (d) A degree-granting institution shall submit an annual report to the board on the
557     activities of appointed attorneys.
558          [(5)] (6) The board shall establish guidelines relating to the roles and relationships
559     between [institutional] presidents and boards of trustees, including those matters which must be
560     approved by a board of trustees before implementation by the president.
561          [(6) This section does not apply to a technical college president.]

562          (7) A president is subject to regular review and evaluation administered by the board,
563     in consultation with the degree-granting institution's board of trustees, through a process
564     approved by the board.
565          Section 9. Section 53B-2-112 is enacted to read:
566          53B-2-112. Formation of non-profit corporations or foundations.
567          (1) An institution of higher education described in Section 53B-2-101 may form a
568     non-profit corporation or foundation to aid or assist the institution of higher education, within
569     the institution of higher education's mission and role described in Section 53B-16-101, in
570     meeting the institution of higher education's charitable, scientific, literary, research,
571     educational, or other objectives.
572          (2) The board and the president of the institution of higher education control a
573     nonprofit corporation or foundation described in Subsection (1).
574          (3) A nonprofit corporation or foundation described in Subsection (1) may receive and
575     administer:
576          (a) legislative appropriations;
577          (b) government grants;
578          (c) private contracts; or
579          (d) private gifts.
580          Section 10. Section 53B-2a-100.5 is amended to read:
581     
CHAPTER 2a. TECHNICAL EDUCATION

582     
Part 1. Technical Colleges

583          53B-2a-100.5. Title.
584          This chapter is known as " Technical [Colleges] Education."
585          Section 11. Section 53B-2a-107 is amended to read:
586          53B-2a-107. Technical college presidents.
587          (1) [(a)] The board shall appoint a president for each technical college in accordance
588     with Section 53B-2-102.
589          [(b) The board shall establish a policy for appointing a technical college president

590     that:]
591          [(i) requires the board to create, or delegate to the technical college board of trustees to
592     create, a search committee that:]
593          [(A) includes board members and at least as many members from the technical college
594     board of trustees as members from the board; and]
595          [(B) may include technical college faculty, students, or other individuals;]
596          [(ii) requires the search committee to seek nominations, interview candidates, and
597     forward qualified candidates to the board for consideration;]
598          [(iii) provides for at least two members of the technical college board of trustees to
599     participate in the board's interviews of finalists;]
600          [(iv) provides for the board to vote to appoint a technical college president in a meeting
601     that complies with Title 52, Chapter 4, Open and Public Meetings Act; and]
602          [(v) provides for the commissioner to provide staff support for a search committee.]
603          [(c) (i) Except as provided in Subsection (1)(c)(ii), a record or information gathered or
604     generated during the search process for a technical college president, including a candidate's
605     application and the search committee's deliberations, is confidential and is a protected record
606     under Section 63G-2-305.]
607          [(ii) Application materials for a publicly named finalist are not protected records under
608     Section 63G-2-305.]
609          (2) (a) A technical college president [shall serve as] is the chief executive officer of the
610     technical college.
611          (b) A technical college president:
612          (i) does not need to have a doctorate degree[, but]; and
613          (ii) shall have extensive experience in career and technical education.
614          [(c) A technical college president is subject to regular review and evaluation
615     administered by the board, in consultation with the technical college board of trustees, through
616     a process approved by the board.]
617          [(d) A technical college president serves at the pleasure of the board.]

618          [(e) The board, in consultation with a technical college board of trustees, shall set the
619     compensation for the technical college president using market survey information.]
620          (3) A technical college president shall:
621          [(a) serve as the executive officer of the technical college board of trustees;]
622          (a) exercise grants of power and authority as delegated by the board, as well as the
623     necessary and proper exercise of powers and authority not specifically denied to the technical
624     college's administration, faculty, or students, by the board or by law, to ensure the effective and
625     efficient administration and operation of the technical college consistent with the statewide
626     strategic plan for higher education;
627          (b) administer the day-to-day operations of the technical college;
628          (c) consult with the technical college board of trustees;
629          (d) administer human resource policies and employee compensation plans in
630     accordance with the requirements of the board; [and]
631          (e) prepare a budget request for the technical college's annual operations to the board;
632          (f) after consulting with the board, other institutions of higher education, school
633     districts, and charter schools within the technical college's region, prepare a comprehensive
634     strategic plan for delivering technical education within the region;
635          (g) consult with business, industry, the Department of Workforce Services, the
636     Governor's Office of Economic Development, and the Governor's Office of Management and
637     Budget on an ongoing basis to determine what workers and skills are needed for employment
638     in Utah businesses and industries;
639          (h) coordinate with local school boards, school districts, and charter schools to meet
640     the technical education needs of secondary students;
641          (i) develop policies and procedures for the admission, classification, instruction, and
642     examination of students in accordance with the policies and accreditation guidelines of the
643     board and the State Board of Education; and
644          [(e)] (j) manage the technical college president's institution as part of the Utah system
645     of higher education.

646          Section 12. Section 53B-2a-110 is amended to read:
647          53B-2a-110. Technical college board of trustees' powers and duties.
648          (1) A technical college board of trustees shall:
649          (a) assist the technical college president in preparing a budget request for the technical
650     college's annual operations to the board;
651          (b) after consulting with the board, other higher education institutions, school districts,
652     and charter schools within the technical college's region, [prepare] assist the technical college
653     president in preparing a comprehensive strategic plan for delivering technical education within
654     the region;
655          [(c) consult with business, industry, the Department of Workforce Services, the
656     Governor's Office of Economic Development, and the Governor's Office of Management and
657     Budget on an ongoing basis to determine what workers and skills are needed for employment
658     in Utah businesses and industries;]
659          [(d)] (c) in accordance with Section 53B-16-102, [develop programs based upon the
660     information described in Subsection (1)(c)] approve programs, including expedited program
661     approval and termination procedures to meet market needs;
662          [(e)] (d) adopt an annual budget and fund balances;
663          [(f) develop policies for the operation of technical education facilities under the
664     technical college board of trustees' jurisdiction;]
665          [(g) establish human resources and compensation policies for all employees in
666     accordance with policies of the board;]
667          [(h) approve credentials for employees and assign employees to duties in accordance
668     with board policies and accreditation guidelines;]
669          [(i)] (e) conduct annual program evaluations;
670          [(j) appoint program advisory committees and other advisory groups to provide
671     counsel, support, and recommendations for updating and improving the effectiveness of
672     training programs and services;]
673          [(k) approve regulations, both regular and emergency, to be issued and executed by the

674     technical college president;]
675          [(l) coordinate with local school boards, school districts, and charter schools to meet
676     the technical education needs of secondary students;]
677          [(m) develop policies and procedures for the admission, classification, instruction, and
678     examination of students in accordance with the policies and accreditation guidelines of the
679     board and the State Board of Education; and]
680          [(n)] (f) (i) approve a strategic plan for the technical college that is aligned with:
681          (A) state attainment goals;
682          (B) workforce needs; [and]
683          (C) the technical college's role, mission, and distinctiveness; and
684          (D) board goals and metrics described in Section 53B-1-402; and
685          (ii) monitor the technical college's progress toward achieving the strategic plan[.]; and
686          (g) act on behalf of the technical college in performing other duties as authorized by
687     the board or by statute.
688          [(2) A policy described in Subsection (1)(g) does not apply to compensation for a
689     technical college president.]
690          [(3)] (2) A technical college board of trustees may not exercise jurisdiction over career
691     and technical education provided by a school district or charter school or provided by a higher
692     education institution independently of the technical college.
693          [(4) If a program advisory committee or other advisory group submits a printed
694     recommendation to a technical college board of trustees, the technical college board of trustees
695     shall acknowledge the recommendation with a printed response that explains the technical
696     college board of trustees' action regarding the recommendation and the reasons for the action.]
697          Section 13. Section 53B-2a-201 is enacted to read:
698     
Part 2. Technical Education at Degree-granting Institutions

699          53B-2a-201. Geographic service areas for degree-granting institutions that
700     provide technical education.
701          (1) A degree-granting institution of higher education provides technical education in

702     the geographic areas of the state described in this section.
703          (2) (a) The Snow College Richfield campus, described in Section 53B-16-205,
704     provides technical education for the geographic area encompassing:
705          (i) the Juab School District;
706          (ii) the Millard School District;
707          (iii) the Tintic School District;
708          (iv) the North Sanpete School District;
709          (v) the South Sanpete School District;
710          (vi) the Wayne School District;
711          (vii) the Piute School District; and
712          (viii) the Sevier School District.
713          (b) A Utah State University regional institution, as defined in Section 53B-16-207,
714     provides technical education for the geographic area encompassing:
715          (i) for Utah State University Eastern, described in Section 53B-18-1201:
716          (A) the Carbon School District; and
717          (B) the Emery School District;
718          (ii) for Utah State University Blanding, described in Section 53B-18-1202, the San
719     Juan School District; and
720          (iii) for Utah State University Moab, described in Section 53B-18-301, the Grand
721     School District.
722          (c) Salt Lake Community College provides technical education for the geographic area
723     encompassing:
724          (i) the Salt Lake City School District;
725          (ii) the Granite School District;
726          (iii) the Murray School District;
727          (iv) the Canyons School District; and
728          (v) the Jordan School District.
729          Section 14. Section 53B-2a-202 is enacted to read:

730          53B-2a-202. Degree-granting institutions that provide technical education --
731     Duties -- Board evaluation.
732          (1) A degree-granting institution described in Section 53B-2a-201:
733          (a) shall:
734          (i) fulfill the technical college duties described in Subsections 53B-2a-106(1) and (2);
735     and
736          (ii) report annually to the board on:
737          (A) the status of technical education in the degree-granting institution's service area;
738     and
739          (B) student tuition and fees for the technical education programs provided by the
740     degree-granting institution; and
741          (b) may not exercise any jurisdiction over career and technical education provided by a
742     school district or charter school independently of the school district or charter school.
743          (2) The board shall monitor and evaluate the impact of degree programs on technical
744     education provided by a degree-granting institution described in Section 53B-2a-201.
745          Section 15. Section 53B-6-105 is amended to read:
746          53B-6-105. Engineering and Computer Technology Initiative.
747          [(1) The Legislature recognizes that a significant increase in the number of
748     engineering, computer science, and related technology graduates from the state system of
749     higher education is required over the next several years to advance the intellectual, cultural,
750     social, and economic well-being of the state and its citizens.]
751          [(2)] (1) (a) (i) The board shall [therefore] develop, establish, and maintain an
752     Engineering and Computer Science Initiative within the state system of higher education to
753     [double] increase the number of graduates in engineering, computer science, and related
754     technology [by 2006 and triple the number of graduates by 2009].
755          (ii) The board shall make rules in accordance with Title 63G, Chapter 3, Utah
756     Administrative Rulemaking Act, providing the criteria for those fields of study that qualify as
757     "related technology" under this section and Section 53B-6-105.9.

758          (b) The initiative shall include components that:
759          (i) improve the quality of instructional programs in engineering, computer science, and
760     related technology by providing supplemental money for equipment purchases; and
761          (ii) provide incentives to institutions to hire and retain faculty under Section
762     53B-6-105.9.
763          [(3)] (2) The increase in program capacity under Subsection [(2)] (1)(a) shall include
764     funding for new and renovated capital facilities and funding for new engineering and computer
765     science programs.
766          [(4)] (3) The Legislature shall provide an annual appropriation to the board to fund the
767     initiative.
768          Section 16. Section 53B-7-103 is amended to read:
769          53B-7-103. Board designated state educational agent for federal contracts and
770     aid -- Individual research grants -- Powers of institutions or foundations under
771     authorized programs.
772          (1) (a) The board is the designated state educational agency authorized to negotiate and
773     contract with the federal government and to accept financial or other assistance from the
774     federal government or any of its agencies in the name of and in behalf of the state of Utah,
775     under terms and conditions as may be prescribed by congressional enactment designed to
776     further higher education.
777          (b) Nothing in this chapter alters or limits the authority of the State Building Board to
778     act as the designated state agency to administer programs [in] on behalf of and accept funds
779     from federal, state, and other sources, for capital facilities for the benefit of higher education.
780          (2) (a) Subject to policies and procedures established by the board, [the institutions and
781     their individual] an institution of higher education and the institution of higher education's
782     employees may apply for and receive grants or research and development contracts within the
783     educational role of the recipient institution.
784          (b) [These authorized programs] A program described in Subsection (2)(a) may be
785     conducted by and through the institution, or by and through any foundation or organization

786     [which] that is established for the purpose of assisting the institution in the accomplishment of
787     [its] the institution's purposes.
788          (3) An institution or [its] the institution's foundation or organization engaged in a
789     program authorized by the board may do the following:
790          (a) enter into contracts with federal, state, or local governments or their subsidiary
791     agencies or departments, with private organizations, companies, firms, or industries, or with
792     individuals for conducting the authorized programs;
793          (b) subject to the approval of the controlling state agency, conduct authorized programs
794     within any of the penal, corrective, or custodial institutions of this state and engage the
795     voluntary participation of inmates in those programs;
796          (c) accept contributions, grants, or gifts from, and enter into contracts and cooperative
797     agreements with, any private organization, company, firm, industry, or individual, or any
798     governmental agency or department, for support of authorized programs within the educational
799     role of the recipient institution, and may agree to provide matching funds with respect to those
800     programs from resources available to [it] the institution; and
801          (d) retain, accumulate, invest, commit, and expend the funds and proceeds from
802     programs funded under Subsection (3)(c), including the acquisition of real and personal
803     property reasonably required for their accomplishment[. No], except that no portion of the
804     funds and proceeds may be diverted from or used for purposes other than those authorized or
805     undertaken under Subsection (3)(c), or [shall] may ever become a charge upon or obligation of
806     the state of Utah or the general funds appropriated for the normal operations of the institution
807     unless otherwise permitted by law.
808          (4) (a) [All] Except as provided in Subsection (4)(b), all contracts and research or
809     development grants or contracts requiring the use or commitment of facilities, equipment, or
810     personnel under the control of an institution of higher education are subject to the approval of
811     the board.
812          (b) (i) The board may delegate the approval of a contract or grant described in
813     Subsection (4)(a) to an institution of higher education board of trustees.

814          (ii) If the board makes a delegation described in Subsection (4)(b)(i), the board of
815     trustees shall annually report to the board on all approved contracts or grants.
816          Section 17. Section 53B-7-105 is amended to read:
817          53B-7-105. Higher education cost disclosure.
818          (1) Each institution within the [state] Utah system of higher education shall, at the time
819     of registration, plainly disclose to all of [its] the institution's undergraduate resident students
820     the following amounts, in dollar figures for a full-time equivalent student:
821          (a) the full cost of instruction;
822          (b) the amount collected from student tuition and fees; and
823          (c) the difference between the amounts described under Subsections (1)(a) and (b).
824          (2) The disclosure under Subsection (1)(c) shall also clearly indicate that this balance
825     was paid by state tax dollars and other money.
826          Section 18. Section 53B-8-115 is amended to read:
827          53B-8-115. Career and technical education scholarships.
828          (1) As used in this section:
829          (a) "Eligible institution" means[:] a degree-granting institution that provides technical
830     education described in Section 53B-2a-201.
831          [(i) Salt Lake Community College's School of Applied Technology established in
832     Section 53B-16-209;]
833          [(ii) Snow College;]
834          [(iii) Utah State University Eastern established in Section 53B-18-1201;]
835          [(iv) Utah State University Blanding established in Section 53B-18-1202; or]
836          [(v) the Utah State University regional campus located at or near Moab described in
837     Section 53B-18-301.]
838          (b) "High demand program" means a noncredit career and technical education program
839     that:
840          (i) is offered by an eligible institution;
841          (ii) leads to a certificate; and

842          (iii) is designated by the board in accordance with Subsection (6).
843          (c) "Scholarship" means a career and technical education scholarship described in this
844     section.
845          (2) Subject to future budget constraints, the Legislature shall annually appropriate
846     money to the board to be distributed to eligible institutions to award career and technical
847     education scholarships.
848          (3) In accordance with the rules described in Subsection (5), an eligible institution may
849     award a scholarship to an individual who:
850          (a) is enrolled in, or intends to enroll in, a high demand program; and
851          (b) demonstrates, in accordance with rules described in Subsection (5)(b), the
852     completion of a Free Application for Federal Student Aid.
853          (4) (a) An eligible institution may award a scholarship for an amount of money up to
854     the total cost of tuition, fees, and required textbooks for the high demand program in which the
855     scholarship recipient is enrolled or intends to enroll.
856          (b) An eligible institution may award a scholarship to a scholarship recipient for up to
857     two academic years.
858          (c) An eligible institution may cancel a scholarship if the scholarship recipient does
859     not:
860          (i) maintain enrollment in the eligible institution on at least a half time basis, as
861     determined by the eligible institution; or
862          (ii) make satisfactory progress toward the completion of a certificate.
863          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
864     board shall make rules:
865          (a) that establish:
866          (i) how state funding available for scholarships is divided among eligible institutions;
867          (ii) requirements related to an eligible institution's administration of a scholarship;
868          (iii) requirements related to eligibility for a scholarship, including requiring eligible
869     institutions to prioritize scholarships for underserved populations;

870          (iv) a process for an individual to apply to an eligible institution to receive a
871     scholarship; and
872          (v) how to determine satisfactory progress described in Subsection (4)(c)(ii); and
873          (b) regarding the completion of the Free Application for Federal Student Aid described
874     in Subsection (3)(b), including:
875          (i) provisions for students or parents to opt out of the requirement due to:
876          (A) financial ineligibility for any potential grant or other financial aid;
877          (B) personal privacy concerns; or
878          (C) other reasons the board specifies; and
879          (ii) direction for applicants to financial aid advisors.
880          (6) Every other year, after consulting with the Department of Workforce Services, the
881     board shall designate, as a high demand program, a noncredit career and technical education
882     program that prepares an individual to work in a job that has, in Utah:
883          (a) high employer demand and high median hourly wages; or
884          (b) significant industry importance.
885          Section 19. Section 53B-8d-102 is amended to read:
886          53B-8d-102. Definitions.
887          As used in this chapter:
888          (1) "Division" means the Division of Child and Family Services.
889          (2) "Long-term foster care" means an individual who remains in the custody of the
890     division, whether or not the individual resides:
891          (a) with licensed foster parents; or
892          (b) in independent living arrangements under the supervision of the division.
893          (3) "State institution of higher education" means[: (a)] an institution [designated]
894     described in Section 53B-1-102[; or].
895          [(b) a public institution that offers postsecondary education in consideration of the
896     payment of tuition or fees for the attainment of educational or vocational objectives leading to
897     a degree or certificate, including:]

898          [(i) a business school;]
899          [(ii) a technical school;]
900          [(iii) a trade school; or]
901          [(iv) an institution offering related apprenticeship programs.]
902          (4) "Tuition" means tuition at the rate for residents of the state.
903          (5) "Ward of the state" means an individual:
904          (a) who is:
905          (i) at least 17 years [of age] old; and
906          (ii) not older than 26 years [of age] old;
907          (b) who had a permanency goal in the individual's child and family plan, as described
908     in Sections 62A-4a-205 and 78A-6-314, of long-term foster care while in the custody of the
909     division; and
910          (c) for whom the custody of the division was not terminated as a result of adoption.
911          Section 20. Section 53B-16-101 is amended to read:
912          53B-16-101. Establishment of institutional roles and general courses of study.
913          (1) Except as institutional roles are specifically assigned by the Legislature, the board:
914          (a) shall establish and define the roles of the various institutions of higher education;
915     and
916          (b) shall, within each institution of higher education's primary role, prescribe the
917     general course of study to be offered at the institution of higher education, including for:
918          (i) research universities, which provide undergraduate, graduate, and research programs
919     and include:
920          (A) the University of Utah; and
921          (B) Utah State University;
922          (ii) regional universities, which provide career and technical education, undergraduate
923     associate and baccalaureate programs, and select master's degree programs to fill regional
924     demands and include:
925          (A) Weber State University;

926          (B) Southern Utah University;
927          (C) Dixie State University; and
928          (D) Utah Valley University;
929          (iii) comprehensive community colleges, which provide associate programs and
930     include:
931          (A) Salt Lake Community College; and
932          (B) Snow College; and
933          (iv) technical colleges and degree-granting institutions that provide technical
934     education, and include:
935          (A) each technical college; and
936          [(B) Salt Lake Community College's School of Applied Technology's technical
937     education role described in Section 53B-16-209;]
938          [(C) each Utah State University regional institution's technical education role described
939     in Section 53B-16-207; and]
940          [(D) Snow College's technical education role described in Section 53B-16-205.]
941          (B) the degree-granting institutions described in Section 53B-2a-201.
942          (2) (a) Except for the University of Utah, and subject to Subsection (2)(b), each
943     institution of higher education described in Subsections (1)(b)(i) through (iii) has career and
944     technical education included in the institution of higher education's primary role.
945          (b) The board shall determine the extent to which an institution described in
946     Subsection (2)(a) provides career and technical education within the institution's primary role.
947          (3) The board shall further clarify each institution of higher education's primary role by
948     clarifying:
949          (a) the level of program that the institution of higher education generally offers;
950          (b) broad fields that are within the institution of higher education's mission; and
951          (c) any special characteristics of the institution of higher education, such as being a
952     land grant university.
953          [(4) On or before November 1, 2020, the board shall report to the Higher Education

954     Strategic Planning Commission on the board's activities related to defining and clarifying each
955     institution's role.]
956          Section 21. Section 53B-16-205 is amended to read:
957          53B-16-205. Establishment of Snow College Richfield campus.
958          (1) There is established a branch campus of Snow College in Richfield, Utah,
959     [hereafter referred to] known as the Snow College Richfield campus.
960          (2) Snow College shall administer the branch campus under the general control and
961     supervision of the board as an integrated part of Snow College's mission, programs, and
962     curriculum.
963          (3) Snow College shall:
964          (a) maintain a strong curriculum in career and technical education courses at the Snow
965     College Richfield campus and within the region served by Snow College which can be
966     transferred to other institutions within the higher education system, together with lower
967     division courses and courses required for associate degrees in science, arts, applied science, and
968     career and technical education; and
969          (b) work with school districts and charter schools in developing an aggressive
970     concurrent enrollment program in cooperation with Snow College Richfield campus[; and].
971          [(c) provide, through the Snow College Richfield Campus, for open-entry, open-exit
972     competency-based career and technical education programs, at a low cost tuition rate for adults
973     and at no tuition cost to secondary students, that emphasize short-term job training or retraining
974     for immediate placement in the job market and serve the geographic area encompassing:]
975          [(i) the Juab School District;]
976          [(ii) the Millard School District;]
977          [(iii) the Tintic School District;]
978          [(iv) the North Sanpete School District;]
979          [(v) the South Sanpete School District;]
980          [(vi) the Wayne School District;]
981          [(vii) the Piute School District; and]

982          [(viii) the Sevier School District.]
983          [(4) Snow College may not exercise any jurisdiction over career and technical
984     education provided by a school district or charter school independently of Snow College.]
985          [(5) Snow College shall report to the board annually on:]
986          [(a) the status of and maintenance of the effort for career and technical education in the
987     region served by Snow College, including access to open-entry, open-exit competency-based
988     career and technical education programs; and]
989          [(b) student tuition and fees.]
990          [(6) Legislative appropriations to Snow College's career and technical education shall
991     be made as line items that are separate from other appropriations for Snow College.]
992          Section 22. Section 53B-16-207 is amended to read:
993          53B-16-207. Utah State University regional institutions -- Career and technical
994     education.
995          (1) As used in this section:
996          (a) "Utah State University regional institution" or "USU regional institution" means:
997          (i) Utah State University Eastern;
998          (ii) Utah State University Blanding; or
999          (iii) Utah State University Moab.
1000          (b) "Utah State University Moab" means the Utah State University regional campus
1001     located at or near Moab described in Section 53B-18-301.
1002          (2) A USU regional institution shall:
1003          (a) maintain a strong curriculum in career and technical education courses at the USU
1004     regional institution's campus and within the region the USU regional institution serves that can
1005     be transferred to other institutions within the higher education system, together with lower
1006     division courses and courses required for associate degrees in science, arts, applied science, and
1007     career and technical education; and
1008          (b) work with school districts and charter schools in developing an aggressive
1009     concurrent enrollment program[; and].

1010          [(c) provide for open-entry, open-exit competency-based career and technical education
1011     programs, at a low cost tuition rate for adults and at no tuition cost to secondary students, that
1012     emphasize short-term job training or retraining for immediate placement in the job market and
1013     serve the geographic area encompassing:]
1014          [(i) for Utah State University Eastern, the Carbon School District and the Emery
1015     School District;]
1016          [(ii) for Utah State University Blanding, the San Juan School District; and]
1017          [(iii) for Utah State University Moab, the Grand School District.]
1018          [(3) A USU regional institution may not exercise any jurisdiction over career and
1019     technical education provided by a school district or charter school independently of the USU
1020     regional institution.]
1021          [(4) A USU regional institution shall report to the board annually on:]
1022          [(a) the status of and maintenance of the effort for career and technical education in the
1023     region served by the USU regional institution, including access to open-entry, open-exit
1024     competency-based career and technical education programs; and]
1025          [(b) student tuition and fees.]
1026          [(5) Legislative appropriations to Utah State University career and technical education
1027     described in this section shall be made as line items that are separate from other appropriations
1028     for Utah State University.]
1029          Section 23. Section 53B-26-102 is amended to read:
1030          53B-26-102. Definitions.
1031          As used in this part:
1032          (1) "CTE" means career and technical education.
1033          (2) "CTE region" means an economic service area created in Section 35A-2-101.
1034          (3) "Eligible partnership" means:
1035          (a) a regional partnership; or
1036          (b) a statewide partnership.
1037          (4) "Employer" means a private employer, public employer, industry association, the

1038     military, or a union.
1039          (5) "Industry advisory group" means:
1040          (a) a group of at least five employers that represent the workforce needs to which a
1041     proposal submitted under Section 53B-26-103 responds; and
1042          (b) a representative of the Governor's Office of Economic Development, appointed by
1043     the executive director of the Governor's Office of Economic Development.
1044          [(6) "Institution of higher education" means the University of Utah, Utah State
1045     University, Southern Utah University, Weber State University, Snow College, Dixie State
1046     University, Utah Valley University, or Salt Lake Community College.]
1047          [(7)] (6) "Regional partnership" means a partnership that:
1048          (a) provides educational services within one CTE region; and
1049          (b) is between at least two of the following located in the CTE region:
1050          (i) a technical college;
1051          (ii) a school district or charter school; or
1052          [(iii) an institution of higher education.]
1053          (iii) a degree-granting institution.
1054          [(8)] (7) "Stackable sequence of credentials" means a sequence of credentials that:
1055          (a) an individual can build upon to access an advanced job or higher wage;
1056          (b) is part of a career pathway system;
1057          (c) provides a pathway culminating in the equivalent of an associate's or bachelor's
1058     degree;
1059          (d) facilitates multiple exit and entry points; and
1060          (e) recognizes sub-goals or momentum points.
1061          [(9)] (8) "Statewide partnership" means a partnership between at least two regional
1062     partnerships.
1063          [(10)] (9) "Technical college" means:
1064          (a) a college described in Section 53B-2a-105; or
1065          (b) a degree-granting institution that provides technical education described in Section

1066     53B-2a-201.
1067          [(b) the School of Applied Technology at Salt Lake Community College established
1068     under Section 53B-16-209;]
1069          [(c) Utah State University Eastern established under Section 53B-18-1201;]
1070          [(d) Utah State University Blanding established under Section 53B-18-1202; or]
1071          [(e) the Snow College Richfield campus established under Section 53B-16-205.]
1072          Section 24. Section 53B-28-402 is amended to read:
1073          53B-28-402. Campus safety study -- Report to Legislature.
1074          (1) As used in this section:
1075          (a) "Campus law enforcement" means a unit of an institution that provides public
1076     safety services.
1077          (b) (i) "Institution" means an institution of higher education described in Section
1078     53B-2-101.
1079          (ii) "Institution" includes an institution's campus law enforcement.
1080          (c) "Local district" means the same as that term is defined in Section 17B-1-102.
1081          (d) "Local law enforcement" means a state or local law enforcement agency other than
1082     campus law enforcement.
1083          (e) "Public safety services" means police services, security services, dispatch services,
1084     emergency services, or other similar services.
1085          (f) "Sexual violence" means the same as that term is defined in Section 53B-28-301.
1086          (g) "Special service district" means the same as that term is defined in Section
1087     17D-1-102.
1088          (h) "Student" means the same as that term is defined in Section 53B-28-301.
1089          (i) "Student organization" means the same as that term is defined in Section
1090     53B-28-401.
1091          (2) The board shall:
1092          (a) study issues related to providing public safety services on institution campuses,
1093     including:

1094          (i) policies and practices for hiring, supervision, and firing of campus law enforcement
1095     officers;
1096          (ii) training of campus law enforcement in responding to incidents of sexual violence
1097     or other crimes reported by or involving a student, including training related to lethality or
1098     similar assessments;
1099          (iii) how campus law enforcement and local law enforcement respond to reports of
1100     incidents of sexual violence or other crimes reported by or involving a student, including
1101     supportive measures for victims and disciplinary actions for perpetrators;
1102          (iv) training provided to faculty, staff, students, and student organizations on campus
1103     safety and prevention of sexual violence;
1104          (v) roles, responsibilities, jurisdiction, and authority of local law enforcement and
1105     campus law enforcement, including authority based on:
1106          (A) the type of public safety services provided; or
1107          (B) geographic boundaries;
1108          (vi) how an institution and local law enforcement coordinate to respond to on-campus
1109     and off-campus incidents requiring public safety services, including:
1110          (A) legal requirements or restrictions affecting coordination;
1111          (B) agreements, practices, or procedures governing coordination between an institution
1112     and local law enforcement, including mutual support, sharing information, or dispatch
1113     management;
1114          (C) any issues that may affect the timeliness of a response to an on-campus or
1115     off-campus incident reported by or involving a student;
1116          (vii) infrastructure, staffing, and equipment considerations that impact the effectiveness
1117     of campus law enforcement or local law enforcement responses to an on-campus or off-campus
1118     incident reported by or involving a student;
1119          (viii) the benefits and disadvantages of an institution employing campus law
1120     enforcement compared to local law enforcement providing public safety services on an
1121     institution campus;

1122          (ix) an institution's compliance with federal and state crime statistic reporting
1123     requirements;
1124          (x) how an institution informs faculty, staff, and students about a crime or emergency
1125     on campus;
1126          (xi) national best practices for providing public safety services on institution campuses,
1127     including differences in best practices based on the size, infrastructure, location, and other
1128     relevant characteristics of a college or university; and
1129          (xii) any other issue the board determines is relevant to the study;
1130          (b) make recommendations for providing public safety services on institution campuses
1131     statewide;
1132          (c) produce a final report of the study described in this section, including the
1133     recommendations described in Subsection (2)(b); and
1134          (d) in accordance with Section 68-3-14, present the final report described in Subsection
1135     (2)(c) to the Education Interim Committee and the Law Enforcement and Criminal Justice
1136     Interim Committee at or before the committees' November 2021 meetings.
1137          (3) In carrying out the board's duties under this section, the board may coordinate with
1138     individuals and organizations with knowledge, expertise, or experience related to the board's
1139     duties under this section, including:
1140          [(a) the Utah System of Technical Colleges Board of Trustees;]
1141          [(b)] (a) the Utah Department of Health;
1142          [(c)] (b) the Utah Office for Victims of Crime;
1143          [(d)] (c) the Utah Council on Victims of Crime;
1144          [(e)] (d) institutions;
1145          [(f)] (e) local law enforcement;
1146          [(g)] (f) local districts or special service districts that provide 911 and emergency
1147     dispatch service; and
1148          [(h)] (g) community and other non-governmental organizations.
1149          Section 25. Section 53E-3-507 is amended to read:

1150          53E-3-507. Powers of the state board.
1151          The state board:
1152          (1) shall establish minimum standards for career and technical education programs in
1153     the public education system;
1154          (2) may apply for, receive, administer, and distribute funds made available through
1155     programs of federal and state governments to promote and aid career and technical education;
1156          (3) shall cooperate with federal and state governments to administer programs that
1157     promote and maintain career and technical education;
1158          (4) shall cooperate with the Utah Board of Higher Education, technical colleges, [Salt
1159     Lake Community College's School of Applied Technology, Snow College, Utah State
1160     University Eastern, and Utah State University Blanding] and degree-granting institutions that
1161     provide technical education described Section 53B-2a-201 to ensure that students in the public
1162     education system have access to career and technical education at technical colleges[, Salt Lake
1163     Community College's School of Applied Technology, Snow College, Utah State University
1164     Eastern, and Utah State University Blanding] and degree-granting institutions that provide
1165     technical education described in Section 53B-2a-201;
1166          (5) shall require that before a minor student may participate in clinical experiences as
1167     part of a health care occupation program at a high school or other institution to which the
1168     student has been referred, the student's parent has:
1169          (a) been first given written notice through appropriate disclosure when registering and
1170     prior to participation that the program contains a clinical experience segment in which the
1171     student will observe and perform specific health care procedures that may include personal
1172     care, patient bathing, and bathroom assistance; and
1173          (b) provided specific written consent for the student's participation in the program and
1174     clinical experience; and
1175          (6) shall, after consulting with school districts, charter schools, the Utah Board of
1176     Higher Education, technical colleges, [Salt Lake Community College's School of Applied
1177     Technology, Snow College, Utah State University Eastern, and Utah State University

1178     Blanding] and degree-granting institutions that provide technical education described in
1179     Section 53B-2a-201, prepare and submit an annual report in accordance with Section
1180     53E-1-203 detailing:
1181          (a) how the career and technical education needs of secondary students are being met;
1182     and
1183          (b) the access secondary students have to programs offered:
1184          (i) at technical colleges; and
1185          (ii) within the regions served by [Salt Lake Community College's School of Applied
1186     Technology, Snow College, Utah State University Eastern, and Utah State University
1187     Blanding] degree-granting institutions that provide technical education described in Section
1188     53B-2a-201.
1189          Section 26. Section 63A-5b-102 is amended to read:
1190          63A-5b-102. Definitions.
1191          As used in this chapter:
1192          (1) "Board" means the state building board created in Section 63A-5b-201.
1193          (2) "Capitol hill facilities" means the same as that term is defined in Section
1194     63C-9-102.
1195          (3) "Capitol hill grounds" means the same as that term is defined in Section 63C-9-102.
1196          (4) "Compliance agency" means the same as that term is defined in Section 15A-1-202.
1197          (5) "Director" means the division director, appointed under Section 63A-5b-302.
1198          (6) "Division" means the Division of Facilities Construction and Management created
1199     in Section 63A-5b-301.
1200          (7) "Institution of higher education" means an institution listed in Subsection
1201     53B-2-101(1).
1202          (8) "Trust lands administration" means the School and Institutional Trust Lands
1203     Administration established in Section 53C-1-201.
1204          (9) "Utah Board of Higher Education" means the Utah Board of Higher Education
1205     established in Section 53B-1-402.

1206          [(10) "UTech board" means the UTech Board of Trustees created in Section
1207     53B-2a-103.]
1208          Section 27. Section 63A-5b-202 is amended to read:
1209          63A-5b-202. State Building Board powers and duties.
1210          (1) The board may, in accordance with Title 63G, Chapter 3, Utah Administrative
1211     Rulemaking Act, make rules that are necessary to discharge the board's duties.
1212          (2) The board shall:
1213          (a) review and approve agency master plans of structures built or contemplated;
1214          (b) submit capital development recommendations and priorities to the Legislature as
1215     set forth in Section 63A-5b-402;
1216          (c) submit recommendations for dedicated projects and prioritize nondedicated projects
1217     as provided in Section 63A-5b-403;
1218          (d) make a finding that the requirements of Section 53B-2a-112 are met before the
1219     board may consider a funding request [from the UTech board pertaining to new capital
1220     facilities and land purchases] described in Section 53B-2a-117; and
1221          (e) fulfill the board's responsibilities under:
1222          (i) Section 63A-5b-802, relating to the approval of leases with terms of more than 10
1223     years;
1224          (ii) Section 63A-5b-907, relating to vacant division-owned property; and
1225          (iii) Section 63A-5b-1003, relating to the approval of loans from the state facility
1226     energy efficiency fund.
1227          (3) The board may:
1228          (a) authorize capital development projects without Legislative approval only as
1229     authorized in Section 63A-5b-404; and
1230          (b) make rules relating to the categorical delegation of projects as provided in
1231     Subsection 63A-5b-604(4).
1232          Section 28. Section 63A-5b-403 is amended to read:
1233          63A-5b-403. Institutions of higher education -- Capital development projects --

1234     Dedicated and nondedicated projects -- Recommendations and prioritization.
1235          (1) As used in this section:
1236          (a) "Dedicated project" has the same meaning as that term is defined in:
1237          (i) Section 53B-2a-101, for a capital development project under [Title 53B, Chapter 2a,
1238     Technical Colleges] Title 53B, Chapter 2a, Technical Education; or
1239          (ii) Section 53B-22-201, for a capital development project under Title 53B, Chapter 22,
1240     Higher Education Capital Projects.
1241          (b) "Nondedicated project" has the same meaning as that term is defined in:
1242          (i) Section 53B-2a-101, for a capital development project under [Title 53B, Chapter 2a,
1243     Technical Colleges] Title 53B, Chapter 2a, Technical Education; or
1244          (ii) Section 53B-22-201, for a capital development project under Title 53B, Chapter 22,
1245     Higher Education Capital Projects.
1246          (2) (a) The board shall submit recommendations to the Legislature in accordance with:
1247          (i) Section 53B-2a-117, for a dedicated project under [Title 53B, Chapter 2a, Technical
1248     Colleges] Title 53B, Chapter 2a, Technical Education; or
1249          (ii) Section 53B-22-204, for a dedicated project under Title 53B, Chapter 22, Higher
1250     Education Capital Projects.
1251          (b) A dedicated project is not subject to prioritization by the board.
1252          (3) (a) The board shall prioritize nondedicated projects in accordance with:
1253          (i) Section 63A-5b-402; and
1254          (ii) (A) Section 53B-2a-117, for a nondedicated project under [Title 53B, Chapter 2a,
1255     Technical Colleges] Title 53B, Chapter 2a, Technical Education; or
1256          (B) Section 53B-22-204, for a nondedicated project under Title 53B, Chapter 22,
1257     Higher Education Capital Projects.
1258          (b) In the board's scoring process for prioritizing nondedicated projects, the board shall
1259     give more weight to a request that is designated as a higher priority by the [UTech board or]
1260     Utah Board of Higher Education than a request that is designated as a lower priority by the
1261     [UTech board or] Utah Board of Higher Education only for determining the order of

1262     prioritization among requests submitted by the [UTech board or] Utah Board of Higher
1263     Education[, respectively].
1264          (4) The board shall require that an institution of higher education that submits a request
1265     for a capital development project address whether and how, as a result of the project, the
1266     institution of higher education will:
1267          (a) offer courses or other resources that will help meet demand for jobs, training, and
1268     employment in the current market and the projected market for the next five years;
1269          (b) respond to individual skilled and technical job demand over the next three, five,
1270     and 10 years;
1271          (c) respond to industry demands for trained workers;
1272          (d) help meet commitments made by the Governor's Office of Economic Development,
1273     including relating to training and incentives;
1274          (e) respond to changing needs in the economy; and
1275          (f) respond to demands for online or in-class instruction, based on demographics.
1276          (5) The division shall:
1277          (a) (i) assist institutions of higher education in providing the information required by
1278     Subsection (3); and
1279          (ii) verify the completion and accuracy of the information submitted by an institution
1280     of higher education under Subsection (3);
1281          (b) assist the [UTech board] Utah Board of Higher Education to fulfill the requirements
1282     of Section 53B-2a-112 in connection with the finding that the [board] technical college is
1283     required to make under Subsection 53B-2a-112(5)(b); and
1284          (c) assist the [Board of Regents] Utah Board of Higher Education in submitting a list of
1285     dedicated projects to the board for approval and nondedicated projects to the board for
1286     recommendation and prioritization pursuant to Section 53B-22-204.
1287          Section 29. Section 63I-2-253 is amended to read:
1288          63I-2-253. Repeal dates -- Titles 53 through 53G.
1289          (1) (a) Section 53-2a-217, regarding procurement during an epidemic or pandemic

1290     emergency, is repealed on December 31, 2021.
1291          (b) When repealing Section 53-2a-217, the Office of Legislative Research and General
1292     Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
1293     necessary changes to subsection numbering and cross references.
1294          [(2) Section 53B-2a-103 is repealed July 1, 2021.]
1295          [(3) Section 53B-2a-104 is repealed July 1, 2021.]
1296          [(4)] (2) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
1297     technical college board of trustees, is repealed July 1, 2022.
1298          (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
1299     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
1300     necessary changes to subsection numbering and cross references.
1301          [(5)] (3) Section 53B-6-105.7 is repealed July 1, 2024.
1302          [(6)] (4) (a) Subsection 53B-7-705(6)(b)(ii)(A), the language that states "Except as
1303     provided in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
1304          (b) Subsection 53B-7-705(6)(b)(ii)(B), regarding comparing a technical college's
1305     change in performance with the technical college's average performance, is repealed July 1,
1306     2021.
1307          [(7)] (5) (a) Subsection 53B-7-707(3)(a)(ii), the language that states "Except as
1308     provided in Subsection (3)(b)," is repealed July 1, 2021.
1309          (b) Subsection 53B-7-707(3)(b), regarding performance data of a technical college
1310     during a fiscal year before fiscal year 2020, is repealed July 1, 2021.
1311          [(8)] (6) Section 53B-8-114 is repealed July 1, 2024.
1312          [(9)] (7) (a) The following sections, regarding the Regents' scholarship program, are
1313     repealed on July 1, 2023:
1314          (i) Section 53B-8-202;
1315          (ii) Section 53B-8-203;
1316          (iii) Section 53B-8-204; and
1317          (iv) Section 53B-8-205.

1318          (b) (i) Subsection 53B-8-201(2), regarding the Regents' scholarship program for
1319     students who graduate from high school before fiscal year 2019, is repealed on July 1, 2023.
1320          (ii) When repealing Subsection 53B-8-201(2), the Office of Legislative Research and
1321     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
1322     necessary changes to subsection numbering and cross references.
1323          [(10)] (8) Section 53B-10-101 is repealed on July 1, 2027.
1324          [(11)] (9) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
1325     repealed July 1, 2023.
1326          [(12) Section 53E-3-519 regarding school counselor services is repealed July 1, 2020.]
1327          [(13)] (10) Section 53E-3-520 is repealed July 1, 2021.
1328          [(14) Subsection 53E-5-306(3)(b)(ii)(B), related to improving school performance and
1329     continued funding relating to the School Recognition and Reward Program, is repealed July 1,
1330     2020.]
1331          [(15) Section 53E-5-307 is repealed July 1, 2020.]
1332          [(16)] (11) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed
1333     July 1, 2024.
1334          [(17)] (12) In Subsections 53F-2-205(4) and (5), regarding the State Board of
1335     Education's duties if contributions from the minimum basic tax rate are overestimated or
1336     underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
1337     2023.
1338          [(18)] (13) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
1339     repealed July 1, 2023.
1340          [(19)] (14) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
1341     applicable" is repealed July 1, 2023.
1342          [(20)] (15) Section 53F-4-207 is repealed July 1, 2022.
1343          [(21)] (16) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
1344     applicable" is repealed July 1, 2023.
1345          [(22)] (17) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as

1346     applicable" is repealed July 1, 2023.
1347          [(23)] (18) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
1348     applicable" is repealed July 1, 2023.
1349          [(24)] (19) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5,
1350     as applicable" is repealed July 1, 2023.
1351          [(25)] (20) Subsections 53G-10-204(1)(c) through (e), and Subsection 53G-10-204(7),
1352     related to the civics engagement pilot program, are repealed on July 1, 2023.
1353          [(26)] (21) On July 1, 2023, when making changes in this section, the Office of
1354     Legislative Research and General Counsel shall, in addition to the office's authority under
1355     Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
1356     identified in this section are complete sentences and accurately reflect the office's perception of
1357     the Legislature's intent.
1358          Section 30. Section 63N-12-501 is amended to read:
1359          63N-12-501. Definitions.
1360          As used in this part:
1361          (1) "Apprenticeship program" means a program that combines paid on-the-job learning
1362     with formal classroom instruction to prepare students for careers and that includes:
1363          (a) structured on-the-job learning for students under the supervision of a skilled
1364     employee;
1365          (b) classroom instruction for students related to the on-the-job learning;
1366          (c) ongoing student assessments using established competency and skills standards;
1367     and
1368          (d) the student receiving an industry-recognized credential or degree upon completion
1369     of the program.
1370          (2) "Career and technical education region" means an economic service area created in
1371     Section 35A-2-101.
1372          (3) "Center" means the Talent Ready Utah Center created in Section 63N-12-502.
1373          (4) "High quality professional learning" means the professional learning standards for

1374     teachers and principals described in Section 53G-11-303.
1375          (5) "Institution of higher education" means the University of Utah, Utah State
1376     University, Southern Utah University, Weber State University, Snow College, Dixie State
1377     University, Utah Valley University, or Salt Lake Community College.
1378          (6) "Local education agency" means a school district, a charter school, or the Utah
1379     Schools for the Deaf and the Blind.
1380          (7) "Master plan" means the computer science education master plan described in
1381     Section 63N-12-505.
1382          (8) "Participating employer" means an employer that:
1383          (a) partners with an educational institution on a curriculum for an apprenticeship
1384     program or work-based learning program; and
1385          (b) provides an apprenticeship or work-based learning program for students.
1386          (9) "Stackable credentials" means a sequence of credentials that:
1387          (a) can be accumulated over time to build up an individual's qualifications for a better
1388     job or higher wage;
1389          (b) are part of a career pathway system; and
1390          (c) provide the option of culminating in an associate or bachelor's degree.
1391          (10) "State board" means the State Board of Education.
1392          (11) "Talent ready board" means the Talent Ready Utah Board created in Section
1393     63N-12-503.
1394          (12) "Technical college" means:
1395          (a) a technical college described in Section 53B-2a-105; and
1396          (b) a degree-granting institution that provides technical education described in Section
1397     53B-2a-201.
1398          [(b) the School of Applied Technology at Salt Lake Community College established in
1399     Section 53B-16-209;]
1400          [(c) Utah State University Eastern established in Section 53B-18-1201;]
1401          [(d) Utah State University Blanding established in Section 53B-18-1202; or]

1402          [(e) the Snow College Richfield campus established in Section 53B-16-205.]
1403          (13) (a) "Work-based learning program" means a program that combines structured and
1404     supervised learning activities with authentic work experiences and that is implemented through
1405     industry and education partnerships.
1406          (b) "Work-based learning program" includes the following objectives:
1407          (i) providing students an applied workplace experience using knowledge and skills
1408     attained in a program of study that includes an internship, externship, or work experience;
1409          (ii) providing an educational institution with objective input from a participating
1410     employer regarding the education requirements of the current workforce; and
1411          (iii) providing funding for programs that are associated with high-wage, in-demand, or
1412     emerging occupations.
1413          (14) "Workforce programs" means education or industry programs that facilitate
1414     training the state's workforce to meet industry demand.
1415          Section 31. Repealer.
1416          This bill repeals:
1417          Section 53B-1-115, Purchases of educational technology.
1418          Section 53B-1-503, Commissioner beginning July 1, 2020.
1419          Section 53B-2-105, Consultation with boards of trustees.
1420          Section 53B-2a-103, UTech Board of Trustees -- Membership -- Terms --
1421     Vacancies -- Oath -- Officers -- Quorum -- Committees -- Compensation.
1422          Section 53B-2a-104, Utah System of Technical Colleges Board of Trustees powers
1423     and duties.
1424          Section 53B-2a-114, Educational program on the use of information technology.
1425          Section 53B-16-201, Degrees and certificates that may be conferred.
1426          Section 53B-16-209, Salt Lake Community College -- School of Applied
1427     Technology -- Career and technical education -- Supervision and administration --
1428     Institutional mission.
1429          Section 53B-16-211, Salt Lake Community College -- Educational program on the

1430     use of information technology.
1431          Section 32. Effective date.
1432          (1) Except as provided in Subsection (2), this bill takes effect May 5, 2021.
1433          (2) If approved by two-thirds of all the members elected to each house, Section
1434     53B-2-102 takes effect upon approval by the governor, or the day following the constitutional
1435     time limit of Utah Constitution, Article VII, Section 8, without the governor's signature, or in
1436     the case of a veto, the date of veto override.
1437          Section 33. Coordinating H.B. 318 with S.B. 136 -- Technical amendment.
1438          If this H.B. 318 and S.B. 136, Higher Education Scholarship Amendments, both pass
1439     and become law, it is the intent of the Legislature that the Office of Legislative Research and
1440     General Counsel shall prepare the Utah Code database for publication by amending Subsection
1441     53B-8-115(1)(a) to read:
1442          "(a) "Eligible institution" means:
1443          [(i) Salt Lake Community College's School of Applied Technology established in
1444     Section 53B-16-209;]
1445          [(ii) Snow College;]
1446          [(iii) Utah State University Eastern established in Section 53B-18-1201;]
1447          [(iv) Utah State University Blanding established in Section 53B-18-1202; or]
1448          [(v) the Utah State University regional campus located at or near Moab described in
1449     Section 53B-18-301.]
1450          (i) a degree-granting institution that provides technical education described in Section
1451     53B-2a-201; or
1452          (ii) a technical college."
1453          Section 34. Coordinating H.B. 318 with S.B. 193 -- Substantive amendments.
1454          If this H.B. 318 and S.B. 193, Higher Education Performance Funding, both pass and
1455     become law, it is the intent of the Legislature that the Office of Legislative Research and
1456     General Counsel shall prepare the Utah Code database for publication by amending Subsection
1457     53B-7-702(12) to read:

1458          "(12) "Technical college" means:
1459          (a) the same as that term is defined in Section 53B-1-101.5; and
1460          (b) a degree-granting institution acting in the degree-granting institution's technical
1461     education role described in Section 53B-2a-201.".
1462          Section 35. Coordinating H.B. 318 with H.B. 348 -- Substantive amendments.
1463          If this H.B. 318 and H.B. 348, Economic Development Amendments, both pass and
1464     become law, it is the intent of the Legislature that the Office of Legislative Research and
1465     General Counsel shall prepare the Utah Code database for publication by:
1466          (1) amending Subsection 53B-26-102(10) to read:
1467          "(10) "Technical college" means:
1468          (a) [a college described in Section 53B-2a-105;] the same as that term is defined in
1469     Section 53B-1-101.5; and
1470          (b) a degree-granting institution acting in the degree-granting institution's technical
1471     education role described in Section 53B-2a-201;
1472          [(b) the School of Applied Technology at Salt Lake Community College established
1473     under Section 53B-16-209;]
1474          [(c) Utah State University Eastern established under Section 53B-18-1201;]
1475          [(d) Utah State University Blanding established under Section 53B-18-1202; or]
1476          [(e) the Snow College Richfield campus established under Section 53B-16-205.]"; and
1477          (2) amending Subsection 63N-1b-101(11) to read:
1478          "(11) "Technical college" means:
1479          (a) the same as that term is defined in Section 53B-1-101.5; and
1480          (b) a degree-granting institution acting in the degree-granting institution's technical
1481     education role described in Section 53B-2a-201.".