Chief Sponsor: Kelly B. Miles

Senate Sponsor: Michael K. McKell


8     General Description:
9          This bill codifies the name of Utah Tech University.
10     Highlighted Provisions:
11          This bill:
12          ▸     codifies the name of Utah Tech University;
13          ▸     requires the Utah Tech University board of trustees to report to the Education
14     Interim Committee regarding the institution's Heritage Committee; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          This bill provides a special effective date.
20     Utah Code Sections Affected:
21     AMENDS:
22          53B-1-102, as last amended by Laws of Utah 2020, Chapter 365
23          53B-2-101, as last amended by Laws of Utah 2017, Chapter 382
24          53B-2-111, as last amended by Laws of Utah 2021, Chapter 169
25          53B-2a-112, as last amended by Laws of Utah 2020, Chapter 365
26          53B-8-103, as last amended by Laws of Utah 2020, Chapter 365
27          53B-16-101, as last amended by Laws of Utah 2021, Chapter 187

28          53B-26-301, as enacted by Laws of Utah 2020, Chapter 361
29          53B-31-101, as enacted by Laws of Utah 2021, Chapter 379
30          53B-31-201, as renumbered and amended by Laws of Utah 2021, Chapter 379
31          53B-31-301, as enacted by Laws of Utah 2021, Chapter 379
32          53B-31-401, as enacted by Laws of Utah 2021, Chapter 169 and last amended by
33     Coordination Clause, Laws of Utah 2021, Chapter 169
34          53G-5-102, as last amended by Laws of Utah 2020, Chapter 365
35          63I-5-201, as last amended by Laws of Utah 2021, Chapter 184
36          63N-1b-101, as enacted by Laws of Utah 2021, Chapter 282 and last amended by
37     Coordination Clause, Laws of Utah 2021, Chapter 187

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 53B-1-102 is amended to read:
41          53B-1-102. Utah system of higher education.
42          (1) The Utah system of higher education consists of the following institutions:
43          (a) degree-granting institutions, which are:
44          (i) the University of Utah;
45          (ii) Utah State University;
46          (iii) Weber State University;
47          (iv) Southern Utah University;
48          (v) Snow College;
49          (vi) [Dixie State] Utah Tech University;
50          (vii) Utah Valley University; and
51          (viii) Salt Lake Community College;
52          (b) technical colleges, which are:
53          (i) Bridgerland Technical College;
54          (ii) Davis Technical College;
55          (iii) Dixie Technical College;
56          (iv) Mountainland Technical College;
57          (v) Ogden-Weber Technical College;
58          (vi) Southwest Technical College;

59          (vii) Tooele Technical College; and
60          (viii) Uintah Basin Technical College;
61          (c) the Utah Board of Higher Education; and
62          (d) other public post-high school educational institutions as the Legislature may
63     designate.
64          (2) A change in the name of an institution within the Utah system of higher education
65     is not a change in the role or mission of the institution, unless otherwise authorized by the
66     board.
67          (3) It is not the intent of the Legislature to increase the number of research universities
68     in the state beyond the University of Utah and Utah State University.
69          (4) An institution or board described in Subsection (1) is empowered to sue and be sued
70     and to contract and be contracted with.
71          Section 2. Section 53B-2-101 is amended to read:
72          53B-2-101. Institutions of higher education -- Corporate bodies -- Powers.
73          (1) The following institutions of higher education are bodies politic and corporate with
74     perpetual succession and with all rights, immunities, and franchises necessary to function as
75     such:
76          (a) the University of Utah;
77          (b) Utah State University;
78          (c) Weber State University;
79          (d) Southern Utah University;
80          (e) Snow College;
81          (f) [Dixie State] Utah Tech University;
82          (g) Utah Valley University;
83          (h) Salt Lake Community College;
84          (i) Bridgerland Technical College;
85          (j) Davis Technical College;
86          (k) Dixie Technical College;
87          (l) Mountainland Technical College;
88          (m) Ogden-Weber Technical College;
89          (n) Southwest Technical College;

90          (o) Tooele Technical College; and
91          (p) Uintah Basin Technical College.
92          (2) (a) An institution of higher education may have and use a corporate seal and may,
93     subject to this title, take, hold, lease, sell, and convey real and personal property as the interest
94     of the institution requires.
95          (b) An institution of higher education is vested with all the property, franchises, and
96     endowments of, and is subject to, all the contracts, obligations, and liabilities of the institution's
97     respective predecessor.
98          (c) (i) An institution of higher education may enter into business relationships or
99     dealings with private seed or venture capital entities or partnerships consistent with Utah
100     Constitution Article VI, Section 29, Subsection (2).
101          (ii) A business dealing or relationship entered into under Subsection (2)(c)(i) does not
102     preclude the private entity or partnership from participating in or receiving benefits from a
103     venture capital program authorized or sanctioned by the laws of this state, unless otherwise
104     precluded by the specific law that authorizes or sanctions the program.
105          Section 3. Section 53B-2-111 is amended to read:
106          53B-2-111. Utah Tech University -- Institutional name change.
107          (1) As used in this [Section] section:
108          (a) "Board of trustees" means the board of trustees of [Dixie State] Utah Tech
109     University.
110          (b) "Institution" means [Dixie State] Utah Tech University.
111          (2) (a) Dixie State [College of Utah] University shall be known as [Dixie State] Utah
112     Tech University.
113          (b) [Dixie State] Utah Tech University is a continuation of Dixie State College of Utah
114     and Dixie State University and shall:
115          (i) possess all rights, titles, privileges, powers, immunities, franchises, endowments,
116     property, and claims of Dixie State University and Dixie State College of Utah; and
117          (ii) fulfill and perform all obligations of Dixie State University and Dixie State College
118     of Utah, including obligations relating to outstanding bonds and notes.
119          (3) The board of trustees in consultation with the Utah Board of Higher Education
120     shall:

121          (a) create a committee to recommend a name for the institution; and
122          (b) ensure that the committee:
123          (i) represents students, university personnel, community members, and industry leaders
124     in the committee's membership;
125          (ii) provides opportunity for input from and collaboration with the public, including:
126          (A) residents of southwestern Utah;
127          (B) institutional partners; and
128          (C) university faculty, staff, students, and alumni;
129          (iii) reviews options for the institution's name; and
130          (iv) makes recommendations regarding the institution's name to the board of trustees.
131          (4) (a) The board of trustees shall:
132          (i) review the committee's recommendation described in Subsection (3)(b); and
133          (ii) choose whether to forward a name for the institution to the Utah Board of Higher
134     Education.
135          (b) Should the board of trustees choose to forward a name for the institution to the
136     Utah Board of Higher Education under Subsection (4)(a), the board of trustees shall ensure that
137     the name:
138          (i) reflects the institution's mission and significance to the surrounding region and
139     state; and
140          (ii) enables the institution to compete and be recognized nationally.
141          (c) Should the board of trustees recommend a name for the institution under
142     Subsection (4)(a), the Utah Board of Higher Education shall vote on whether to approve and
143     recommend the name to the Legislature.
144          (5) Should the Utah Board of Higher Education and the board of trustees recommend a
145     name for the institution to the Legislature through the process described in Subsections (3) and
146     (4), the Utah Board of Higher Education and the board of trustees shall recommend the name
147     for the institution to the Legislative Management Committee no later than November 1, 2021.
148          Section 4. Section 53B-2a-112 is amended to read:
149          53B-2a-112. Technical colleges -- Relationships with other public and higher
150     education institutions -- Agreements -- Priorities -- New capital facilities.
151          (1) As used in this section, "higher education institution" means:

152          (a) Utah State University for:
153          (i) Bridgerland Technical College;
154          (ii) Tooele Technical College; and
155          (iii) Uintah Basin Technical College;
156          (b) Weber State University for:
157          (i) Ogden-Weber Technical College; and
158          (ii) Davis Technical College;
159          (c) Utah Valley University for Mountainland Technical College;
160          (d) Southern Utah University for Southwest Technical College; and
161          (e) [Dixie State] Utah Tech University for Dixie Technical College.
162          (2) A technical college may enter into agreements:
163          (a) with other higher education institutions to cultivate cooperative relationships; or
164          (b) with other public and higher education institutions to enhance career and technical
165     education within the technical college's region.
166          (3) Before a technical college develops new instructional facilities, the technical
167     college shall give priority to:
168          (a) maintaining the technical college's existing instructional facilities for both
169     secondary and adult students;
170          (b) coordinating with the president of the technical college's higher education
171     institution and entering into any necessary agreements to provide career and technical
172     education to secondary and adult students that:
173          (i) maintain and support existing higher education career and technical education
174     programs; and
175          (ii) maximize the use of existing higher education facilities; and
176          (c) developing cooperative agreements with school districts, charter schools, other
177     higher education institutions, businesses, industries, and community and private agencies to
178     maximize the availability of career and technical education instructional facilities for both
179     secondary and adult students.
180          (4) (a) Before submitting a funding request pertaining to new capital facilities and land
181     purchases to the board, a technical college shall:
182          (i) ensure that all available instructional facilities are maximized in accordance with

183     Subsections (3)(a) through (c); and
184          (ii) coordinate the request with the president of the technical college's higher education
185     institution, if applicable.
186          (b) The State Building Board shall make a finding that the requirements of this section
187     are met before the State Building Board may consider a funding request from the board
188     pertaining to new capital facilities and land purchases for a technical college.
189          (c) A technical college may not construct, approve the construction of, plan for the
190     design or construction of, or consent to the construction of a career and technical education
191     facility without approval of the Legislature.
192          (5) Before acquiring new fiscal and administrative support structures, a technical
193     college shall:
194          (a) review the use of existing public or higher education administrative and accounting
195     systems, financial record systems, and student and financial aid systems for the delivery of
196     career and technical education in the region;
197          (b) determine the feasibility of using existing systems; and
198          (c) with the approval of the technical college board of trustees and the board, use the
199     existing systems.
200          Section 5. Section 53B-8-103 is amended to read:
201          53B-8-103. Waiver of nonresident differential in tuition rates -- Utah Tech
202     University good neighbor tuition waivers.
203          (1) Notwithstanding any other provision of law:
204          (a) (i) The board may determine when to grant a full or partial waiver of the
205     nonresident differential in tuition rates charged to undergraduate students pursuant to reciprocal
206     agreements with other states.
207          (ii) In making the determination described under Subsection (1)(a)(i), the board shall
208     consider the potential of the waiver to:
209          (A) enhance educational opportunities for Utah residents;
210          (B) promote mutually beneficial cooperation and development of Utah communities
211     and nearby communities in neighboring states;
212          (C) contribute to the quality of educational programs; and
213          (D) assist in maintaining the cost effectiveness of auxiliary operations in Utah

214     institutions of higher education.
215          (b) (i) Consistent with its determinations made pursuant to Subsection (1)(a), the board
216     may enter into agreements with other states to provide for a full or partial reciprocal waiver of
217     the nonresident tuition differential charged to undergraduate students.
218          (ii) An agreement shall provide for the numbers and identifying criteria of
219     undergraduate students, and shall specify the institutions of higher education that will be
220     affected by the agreement.
221          (c) The board shall establish policy guidelines for the administration by the affected
222     Utah institutions of any tuition waivers authorized under this section, for evaluating applicants
223     for such waivers, and for reporting the results of the reciprocal waiver programs authorized by
224     this section.
225          (d) A report and financial analysis of any waivers of tuition authorized under this
226     section shall be submitted annually to the general session of the Legislature as part of the
227     budget recommendations of the board for the system of higher education.
228          (2) (a) [Dixie State] Utah Tech University may offer a good neighbor full waiver of the
229     nonresident differential in tuition rates charged to undergraduate students:
230          (i) pursuant to reciprocal agreements with other states; or
231          (ii) to a resident of a county that has a portion of the county located within 70 miles of
232     the main campus of [Dixie State] Utah Tech University.
233          (b) (i) A student who attends [Dixie State] Utah Tech University under a good
234     neighbor tuition waiver shall pay a surcharge per credit hour in addition to the regular resident
235     tuition and fees of [Dixie State] Utah Tech University.
236          (ii) The surcharge per credit hour shall be based on a percentage of the approved
237     resident tuition per credit hour each academic year.
238          (iii) The percentage assessed as a surcharge per credit hour shall be set by the board.
239          (c) [Dixie State] Utah Tech University may restrict the number of good neighbor
240     tuition waivers awarded.
241          (d) A student who attends [Dixie State] Utah Tech University on a good neighbor
242     tuition waiver may not count the time during which the waiver is received towards establishing
243     resident student status in Utah.
244          Section 6. Section 53B-16-101 is amended to read:

245          53B-16-101. Establishment of institutional roles and general courses of study.
246          (1) Except as institutional roles are specifically assigned by the Legislature, the board:
247          (a) shall establish and define the roles of the various institutions of higher education;
248     and
249          (b) shall, within each institution of higher education's primary role, prescribe the
250     general course of study to be offered at the institution of higher education, including for:
251          (i) research universities, which provide undergraduate, graduate, and research programs
252     and include:
253          (A) the University of Utah; and
254          (B) Utah State University;
255          (ii) regional universities, which provide career and technical education, undergraduate
256     associate and baccalaureate programs, and select master's degree programs to fill regional
257     demands and include:
258          (A) Weber State University;
259          (B) Southern Utah University;
260          (C) [Dixie State] Utah Tech University; and
261          (D) Utah Valley University;
262          (iii) comprehensive community colleges, which provide associate programs and
263     include:
264          (A) Salt Lake Community College; and
265          (B) Snow College; and
266          (iv) technical colleges and degree-granting institutions that provide technical
267     education, and include:
268          (A) each technical college; and
269          (B) the degree-granting institutions described in Section 53B-2a-201.
270          (2) (a) Except for the University of Utah, and subject to Subsection (2)(b), each
271     institution of higher education described in Subsections (1)(b)(i) through (iii) has career and
272     technical education included in the institution of higher education's primary role.
273          (b) The board shall determine the extent to which an institution described in
274     Subsection (2)(a) provides career and technical education within the institution's primary role.
275          (3) The board shall further clarify each institution of higher education's primary role by

276     clarifying:
277          (a) the level of program that the institution of higher education generally offers;
278          (b) broad fields that are within the institution of higher education's mission; and
279          (c) any special characteristics of the institution of higher education, such as being a
280     land grant university.
281          Section 7. Section 53B-26-301 is amended to read:
282          53B-26-301. Definitions.
283          As used in this part:
284          (1) "Advisory council" means the Deep Technology Talent Advisory Council created
285     in Section 53B-26-303.
286          (2) (a) "Deep technology" means technology that leads to new products and
287     innovations based on scientific discovery or meaningful engineering innovation.
288          (b) "Deep technology" may include technology that leads to new products and
289     innovations related to one or more of the following:
290          (i) advanced materials;
291          (ii) artificial intelligence;
292          (iii) augmented and virtual reality;
293          (iv) biotechnology;
294          (v) photonics;
295          (vi) quantum computing;
296          (vii) robotics;
297          (viii) secure computing; and
298          (ix) other emerging technologies as determined by the advisory council.
299          (3) "Institution of higher education" means the University of Utah, Utah State
300     University, Southern Utah University, Weber State University, Snow College, [Dixie State]
301     Utah Tech University, Utah Valley University, or Salt Lake Community College.
302          Section 8. Section 53B-31-101 is amended to read:

Part 1. General Provisions

305          53B-31-101. Title.
306          This chapter is known as "[Dixie State] Utah Tech University."

307          Section 9. Section 53B-31-201 is amended to read:
308          53B-31-201. Nonprofit corporations or foundations -- Purpose.
309          (1) [Dixie State] Utah Tech University may form a nonprofit corporation or foundation
310     controlled by the president of the university and the board to aid and assist the university in
311     attaining its charitable, communications, and other related educational objectives, including
312     support for media innovation, film festivals, film production, print media, broadcasting,
313     television, and digital media.
314          (2) The nonprofit corporation or foundation may receive and administer legislative
315     appropriations, government grants, contracts, and private gifts to carry out its public purposes.
316          Section 10. Section 53B-31-301 is amended to read:
317          53B-31-301. Utah Tech University Higher Education for Incarcerated Youth
318     Program.
319          (1) As used in this section:
320          (a) "Interactive video conferencing" means two-way, real-time transmission of audio
321     and video signals between devices or computers at two or more locations.
322          (b) "Program" means the [Dixie State] Utah Tech University Higher Education for
323     Incarcerated Youth Program.
324          (c) "Student" means an individual who is:
325          (i) in the custody of the Division of Juvenile Justice Services within the timeframe of
326     the course being offered; and
327          (ii) subject to the jurisdiction of the Youth Parole Authority.
328          (2) Consistent with policies established by the board, [Dixie State] Utah Tech
329     University shall, subject to legislative appropriation, establish and administer the [Dixie State]
330     Utah Tech University Higher Education for Incarcerated Youth Program to provide:
331          (a) students needing high school credits opportunities for concurrent enrollment
332     courses;
333          (b) a consistent, two-year, flexible schedule of higher education courses delivered
334     through interactive video conferencing to students;
335          (c) a pathway for students to earn college credits that:
336          (i) apply toward earning a certificate, associate degree, bachelor's degree; or
337          (ii) satisfy scholarship requirements or other objectives that best meet the needs of an

338     individual student; and
339          (d) advisory support to students and academic counselors who participate in the
340     program to ensure that the students' higher education courses align with the academic and
341     career goals defined in the students' plans for college and career readiness.
342          Section 11. Section 53B-31-401 is amended to read:
343          53B-31-401. Heritage Committee.
344          [Should the Dixie State University board of trustees and the Utah Board of Higher
345     Education forward a name to the Legislature that does not include the term "Dixie" under
346     Section 53B-2-111, the]
347          (1) The board of trustees shall establish a Heritage Committee to identify and
348     implement strategies to preserve the heritage, culture, and history of the region on the campus
349     of [the institution] Utah Tech University, including the regional significance of the term
350     "Dixie."
351          (2) At or before the November interim meeting in 2022, the board of trustees shall
352     report to the Education Interim Committee regarding the establishment of the Heritage
353     Committee described in Subsection (1).
354          Section 12. Section 53G-5-102 is amended to read:
355          53G-5-102. Definitions.
356          As used in this chapter:
357          (1) "Asset" means property of all kinds, real and personal, tangible and intangible, and
358     includes:
359          (a) cash;
360          (b) stock or other investments;
361          (c) real property;
362          (d) equipment and supplies;
363          (e) an ownership interest;
364          (f) a license;
365          (g) a cause of action; and
366          (h) any similar property.
367          (2) "Board of trustees of a higher education institution" or "board of trustees" means:
368          (a) the board of trustees of:

369          (i) the University of Utah;
370          (ii) Utah State University;
371          (iii) Weber State University;
372          (iv) Southern Utah University;
373          (v) Snow College;
374          (vi) [Dixie State] Utah Tech University;
375          (vii) Utah Valley University; or
376          (viii) Salt Lake Community College; or
377          (b) a technical college board of trustees described in Section 53B-2a-108.
378          (3) "Charter school authorizer" or "authorizer" means an entity listed in Section
379     53G-5-205 that authorizes a charter school.
380          Section 13. Section 63I-5-201 is amended to read:
381          63I-5-201. Internal auditing programs -- State agencies.
382          (1) (a) The departments of Administrative Services, Agriculture, Commerce, Cultural
383     and Community Engagement, Corrections, Workforce Services, Environmental Quality,
384     Health, Human Services, Natural Resources, Public Safety, and Transportation, and the State
385     Tax Commission shall conduct various types of auditing procedures as determined by the
386     agency head or governor.
387          (b) The governor may, by executive order, require a state agency not described in
388     Subsection (1)(a) to establish an internal audit program.
389          (c) The governor shall ensure that each state agency that reports to the governor has
390     adequate internal audit coverage.
391          (2) (a) The Administrative Office of the Courts shall establish an internal audit
392     program under the direction of the Judicial Council, including auditing procedures for courts
393     not of record.
394          (b) The Judicial Council may, by rule, require other judicial agencies to establish an
395     internal audit program.
396          (3) (a) [Dixie State] Utah Tech University, the University of Utah, Utah State
397     University, Salt Lake Community College, Southern Utah University, Utah Valley University,
398     Weber State University, and Snow College shall establish an internal audit program under the
399     direction of the Utah Board of Higher Education.

400          (b) The Utah Board of Higher Education may issue policies requiring other higher
401     education entities or programs to establish an internal audit program.
402          (4) The State Board of Education shall establish an internal audit program that provides
403     internal audit services for each program administered by the State Board of Education.
404          (5) Subject to Section 32B-2-302.5, the internal audit division of the Department of
405     Alcoholic Beverage Control shall establish an internal audit program under the direction of the
406     Alcoholic Beverage Control Commission.
407          Section 14. Section 63N-1b-101 is amended to read:
408          63N-1b-101. Definitions.
409          As used in this chapter:
410          (1) "Apprenticeship program" means a program that:
411          (a) combines paid on-the-job learning with formal classroom instruction to prepare
412     students for careers; and
413          (b) includes:
414          (i) structured on-the-job learning for students under the supervision of a skilled
415     employee;
416          (ii) classroom instruction for students related to the on-the-job learning;
417          (iii) ongoing student assessments using established competency and skills standards;
418     and
419          (iv) the student receiving an industry-recognized credential or degree upon completion
420     of the program.
421          (2) "Career and technical education region" means an economic service area created in
422     Section 35A-2-101.
423          (3) "High quality professional learning" means the professional learning standards for
424     teachers and principals described in Section 53G-11-303.
425          (4) "Institution of higher education" means the University of Utah, Utah State
426     University, Southern Utah University, Weber State University, Snow College, [Dixie State]
427     Utah Tech University, Utah Valley University, or Salt Lake Community College.
428          (5) "Local education agency" means a school district, a charter school, or the Utah
429     Schools for the Deaf and the Blind.
430          (6) "Master plan" means the computer science education master plan described in

431     Section 63N-1b-304.
432          (7) "Participating employer" means an employer that:
433          (a) partners with an educational institution on a curriculum for an apprenticeship
434     program or work-based learning program; and
435          (b) provides an apprenticeship or work-based learning program for students.
436          (8) "State board" means the State Board of Education.
437          (9) "Talent program" means the Talent Ready Utah Program created in Section
438     63N-1b-302.
439          (10) "Talent subcommittee" means the Talent, Education, and Industry Alignment
440     Subcommittee created in Section 63N-1b-301.
441          (11) "Technical college" means:
442          (a) the same as that term is defined in Section 53B-1-101.5; and
443          (b) a degree-granting institution acting in the degree-granting institution's technical
444     education role described in Section 53B-2a-201.
445          (12) (a) "Work-based learning program" means a program that combines structured and
446     supervised learning activities with authentic work experiences and that is implemented through
447     industry and education partnerships.
448          (b) "Work-based learning program" includes the following objectives:
449          (i) providing students an applied workplace experience using knowledge and skills
450     attained in a program of study that includes an internship, externship, or work experience;
451          (ii) providing an educational institution with objective input from a participating
452     employer regarding the education requirements of the current workforce; and
453          (iii) providing funding for programs that are associated with high-wage, in-demand, or
454     emerging occupations.
455          (13) "Workforce programs" means education or industry programs that facilitate
456     training the state's workforce to meet industry demand.
457          Section 15. Effective date.
458          If approved by two-thirds of all the members elected to each house, this bill takes effect
459     upon approval by the governor, or the day following the constitutional time limit of Utah
460     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
461     the date of veto override.