This document includes House Floor Amendments incorporated into the bill on Wed, Feb 28, 2024 at 8:44 AM by housengrossing.
This document includes House Floor Amendments incorporated into the bill on Wed, Feb 28, 2024 at 5:14 PM by housengrossing.
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7 LONG TITLE
8 General Description:
9 This bill amends higher education funding metrics, requirements and governance, and
10 updates general code language.
11 Highlighted Provisions:
12 This bill:
13 ▸ amends provisions related to the selection of Utah Board of Higher Education
14 (board) designees on certain boards and commissions;
15 ▸ moves certain duties and responsibilities between boards of institutions and the
16 board;
17 ▸ combines related provisions of presidential powers between technical colleges and
18 degree granting institutions;
19 ▸ amends the statutes governing performance metrics and performance funding for
20 institutions of higher education;
21 ▸ allows Talent Ready Utah to create talent advisory councils for talent initiatives;
22 ▸ amends requirements related to operations and maintenance funding requests; and
23 ▸ makes technical and conforming changes.
24 Money Appropriated in this Bill:
25 This bill appropriates in fiscal year 2025:
26 ▸ to Utah Board of Higher Education - Performance Funding Restricted Account as an
27 ongoing appropriation:
28 • from the Income Tax Fund, $20,000,000
29 ▸ to Bridgerland Technical College - Education and General - Instruction as an
30 ongoing appropriation:
31 • from the Income Tax Fund Restricted - Performance Funding Rest. Acct.,
32 $336,000
33 ▸ to Davis Technical College - Education and General - Instruction as an ongoing
34 appropriation:
35 • from the Income Tax Fund Restricted - Performance Funding Rest. Acct.,
36 $234,600
37 ▸ to Dixie Technical College - Education and General - Instruction as an ongoing
38 appropriation:
39 • from the Income Tax Fund Restricted - Performance Funding Rest. Acct.,
40 $255,800
41 ▸ to Mountainland Technical College - Education and General - Instruction as an
42 ongoing appropriation:
43 • from the Income Tax Fund Restricted - Performance Funding Rest. Acct.,
44 $198,100
45 ▸ to Ogden-Weber Technical College - Education and General - Instruction as an
46 ongoing appropriation:
47 • from the Income Tax Fund Restricted - Performance Funding Rest. Acct.,
48 $402,100
49 ▸ to Salt Lake Community College - Education and General - Instruction as an
50 ongoing appropriation:
51 • from the Income Tax Fund Restricted - Performance Funding Rest. Acct.,
52 $471,300
53 ▸ to Salt Lake Community College - Career and Technical Education - Instruction as
54 an ongoing appropriation:
55 • from the Income Tax Fund Restricted - Performance Funding Rest. Acct.,
56 $68,200
57 ▸ to Snow College - Education and General - Instruction as an ongoing appropriation:
58 • from the Income Tax Fund Restricted - Performance Funding Rest. Acct.,
59 $303,000
60 ▸ to Snow College - Career and Technical Education - Instruction as an ongoing
61 appropriation:
62 • from the Income Tax Fund Restricted - Performance Funding Rest. Acct.,
63 $93,600
64 ▸ to Southwest Technical College - Education and General - Instruction as an ongoing
65 appropriation:
66 • from the Income Tax Fund Restricted - Performance Funding Rest. Acct.,
67 $61,200
68 ▸ to Southern Utah University - Education and General - Instruction as an ongoing
69 appropriation:
70 • from the Income Tax Fund Restricted - Performance Funding Rest. Acct.,
71 $699,600
72 ▸ to Tooele Technical College - Education and General - Instruction as an ongoing
73 appropriation:
74 • from the Income Tax Fund Restricted - Performance Funding Rest. Acct.,
75 $53,400
76 ▸ to Uintah Basin Technical College - Education and General - Instruction as an
77 ongoing appropriation:
78 • from the Income Tax Fund Restricted - Performance Funding Rest. Acct.,
79 $137,200
80 ▸ to Utah State University - Education and General - Instruction as an ongoing
81 appropriation:
82 • from the Income Tax Fund Restricted - Performance Funding Rest. Acct.,
83 $989,200
84 ▸ to Utah State University - USU - Eastern Career and Technical Education -
85 Instruction as an ongoing appropriation:
86 • from the Income Tax Fund Restricted - Performance Funding Rest. Acct.,
87 $59,600
88 ▸ to Utah Tech University - Education and General - Instruction as an ongoing
89 appropriation:
90 • from the Income Tax Fund Restricted - Performance Funding Rest. Acct.,
91 $279,500
92 ▸ to University of Utah - Education and General - Instruction as an ongoing
93 appropriation:
94 • from the Income Tax Fund Restricted - Performance Funding Rest. Acct.,
95 $3,404,600
96 ▸ to Utah Valley University - Education and General - Instruction as an ongoing
97 appropriation:
98 • from the Income Tax Fund Restricted - Performance Funding Rest. Acct.,
99 $829,100
100 ▸ to Weber State University - Education and General - Instruction as an ongoing
101 appropriation:
102 • from the Income Tax Fund Restricted - Performance Funding Rest. Acct.,
103 $834,300
104 Other Special Clauses:
105 This bill provides coordination clauses.
106 Utah Code Sections Affected:
107 AMENDS:
108 35A-13-603, as last amended by Laws of Utah 2020, Chapter 365
109 36-28-102, as last amended by Laws of Utah 2021, Chapter 78
110 49-12-204, as last amended by Laws of Utah 2020, Chapters 24, 365
111 49-13-204, as last amended by Laws of Utah 2020, Chapters 24, 365
112 49-22-204, as last amended by Laws of Utah 2022, Chapter 171
113 51-8-303, as last amended by Laws of Utah 2020, Chapter 365
114 53B-1-110, as enacted by Laws of Utah 2007, Chapter 248
115 53B-1-112, as last amended by Laws of Utah 2021, Chapter 187
116 53B-1-401, as last amended by Laws of Utah 2023, Chapter 254
117 53B-1-402, as last amended by Laws of Utah 2023, Chapter 254
118 53B-1-408, as last amended by Laws of Utah 2023, Chapter 254
119 53B-2a-107, as last amended by Laws of Utah 2021, Chapter 187
120 53B-2a-117, as last amended by Laws of Utah 2022, Chapter 421
121 53B-3-103, as last amended by Laws of Utah 2021, First Special Session, Chapter 7
122 53B-3-104, as enacted by Laws of Utah 1987, Chapter 167
123 53B-3-105, as enacted by Laws of Utah 1987, Chapter 167
124 53B-6-105, as last amended by Laws of Utah 2021, Chapter 187
125 53B-6-105.9, as last amended by Laws of Utah 2020, Chapter 365
126 53B-7-702, as last amended by Laws of Utah 2021, Chapters 282, 351 and last
127 amended by Coordination Clause, Laws of Utah 2021, Chapter 187
128 53B-7-705, as last amended by Laws of Utah 2023, Chapter 254
129 53B-7-706, as last amended by Laws of Utah 2023, Chapter 254
130 53B-8-102, as last amended by Laws of Utah 2023, Chapters 44, 50
131 53B-8-201, as last amended by Laws of Utah 2022, Chapter 370
132 53B-8a-105, as last amended by Laws of Utah 2023, Chapter 374
133 53B-13-103, as enacted by Laws of Utah 1987, Chapter 167
134 53B-16-102, as last amended by Laws of Utah 2023, Chapter 254
135 53B-17-1203, as last amended by Laws of Utah 2023, Chapter 328
136 53B-22-102, as last amended by Laws of Utah 1995, Chapter 332
137 53B-22-103, as enacted by Laws of Utah 1991, Chapter 32
138 53B-22-104, as last amended by Laws of Utah 1992, Chapter 177
139 53B-22-105, as enacted by Laws of Utah 1991, Chapter 32
140 53B-22-106, as last amended by Laws of Utah 2000, Chapter 143
141 53B-22-107, as enacted by Laws of Utah 1991, Chapter 32
142 53B-22-109, as last amended by Laws of Utah 1994, Chapter 209
143 53B-22-111, as enacted by Laws of Utah 1994, Chapter 209
144 53B-22-112, as enacted by Laws of Utah 1995, Chapter 332
145 53B-22-113, as enacted by Laws of Utah 1995, Chapter 332
146 53B-22-114, as enacted by Laws of Utah 1995, Chapter 332
147 53B-22-204, as last amended by Laws of Utah 2022, Chapter 421
148 53B-23-106, as last amended by Laws of Utah 2020, Chapter 365
149 53B-27-405, as enacted by Laws of Utah 2021, Chapter 364
150 53B-28-401, as last amended by Laws of Utah 2021, Chapter 332
151 53B-28-502, as enacted by Laws of Utah 2022, Chapter 461
152 53B-33-202, as last amended by Laws of Utah 2023, Chapter 84
153 53E-3-505, as last amended by Laws of Utah 2020, Chapters 365, 408
154 63G-6a-202, as last amended by Laws of Utah 2023, Chapter 16
155 ENACTS:
156 53B-1-116, Utah Code Annotated 1953
157 53B-1-117, Utah Code Annotated 1953
158 53B-2-114, Utah Code Annotated 1953
159 53B-34-110, Utah Code Annotated 1953
160 REPEALS AND REENACTS:
161 53B-2-106, as last amended by Laws of Utah 2021, Chapter 187
162 53B-7-703, as last amended by Laws of Utah 2022, Chapter 456
163 53B-7-704, as last amended by Laws of Utah 2021, Chapter 282
164 REPEALS:
165 53B-6-105.7, as last amended by Laws of Utah 2019, Chapter 444
166 53B-26-201, as enacted by Laws of Utah 2018, Chapter 354
167 53B-26-202, as last amended by Laws of Utah 2023, Chapter 328
168 53B-26-301, as last amended by Laws of Utah 2021, Second Special Session, Chapter 1
169 53B-26-302, as enacted by Laws of Utah 2020, Chapter 361
170 53B-26-303, as last amended by Laws of Utah 2021, Chapter 282
171 Utah Code Sections Affected By Coordination Clause:
172 53B-2-106, as last amended by Laws of Utah 2021, Chapter 187
173
174 Be it enacted by the Legislature of the state of Utah:
175 Section 1. Section 35A-13-603 is amended to read:
176 35A-13-603. Board.
177 (1) There is created to assist the director of the office the Interpreter Certification
178 Board consisting of the following 11 members:
179 (a) a designee of the assistant director;
180 (b) a designee of the Utah Board of Higher Education, whom the commissioner of
181 higher education, selects under the direction of the Utah Board of Higher Education;
182 (c) a designee of the State Board of Education;
183 (d) four professional interpreters, [
184 recommends; and
185 (e) four individuals who are deaf or hard of hearing, [
186 director recommends.
187 (2) (a) The director shall make all appointments to the board.
188 (b) In making appointments under Subsections (1)(d) and (e), the director shall give
189 consideration to recommendations by certified interpreters and members of the deaf and hard
190 of hearing community.
191 (3) (a) Board members shall serve three-year terms, except that for the initial terms of
192 board members, three shall serve one-year terms, four shall serve two-year terms, and four shall
193 serve three-year terms.
194 (b) An individual may not serve more than two three-year consecutive terms.
195 (c) If a vacancy occurs on the board for a reason other than the expiration of a term, the
196 director shall appoint a replacement for the remainder of the term in accordance with
197 Subsections (1) and (2).
198 (4) The director may remove a board member for cause, which may include
199 misconduct, incompetence, or neglect of duty.
200 (5) The board shall annually elect a chair and vice chair from among its members.
201 (6) The board shall meet as often as necessary to accomplish the purposes of this part,
202 but not less than quarterly.
203 (7) A member of the board may not receive compensation or benefits for the member's
204 service, but may receive travel expenses in accordance with:
205 (a) Section 63A-3-107; and
206 (b) rules made by the Division of Finance in accordance with Section 63A-3-107.
207 Section 2. Section 36-28-102 is amended to read:
208 36-28-102. Veterans and Military Affairs Commission -- Creation -- Membership
209 -- Chairs -- Terms -- Per diem and expenses.
210 (1) There is created the Veterans and Military Affairs Commission.
211 (2) The commission membership is composed of 19 permanent members, but may not
212 exceed 24 members, and is as follows:
213 (a) five legislative members to be appointed as follows:
214 (i) three members from the House of Representatives, [
215 speaker of the House of Representatives appoints, no more than two of whom may be from the
216 same political party; and
217 (ii) two members from the Senate, [
218 appoints, no more than one of whom may be from the same political party;
219 (b) the executive director of the Department of Veterans and Military Affairs or the
220 director's designee;
221 (c) the chair of the Utah Veterans Advisory Council;
222 (d) the executive director of the Department of Workforce Services or the director's
223 designee;
224 (e) the executive director of the Department of Health and Human Services or the
225 director's designee;
226 [
227
228 [
229 designee;
230 [
231 [
232
233 board;
234 [
235 the Veterans Advisory Council recommends and [
236 [
237 [
238 [
239 [
240 (3) The commission may appoint by majority vote of the entire commission up to five
241 pro tempore members, representing:
242 (a) state or local government agencies;
243 (b) interest groups concerned with veterans issues; or
244 (c) the general public.
245 (4) (a) The president of the Senate shall designate a member of the Senate appointed
246 under Subsection (2)(a) as a cochair of the commission.
247 (b) The speaker of the House of Representatives shall designate a member of the House
248 of Representatives appointed under Subsection (2)(a) as a cochair of the commission.
249 (5) A majority of the members of the commission shall constitute a quorum. The
250 action of a majority of a quorum constitutes the action of the commission.
251 (6) The term for each pro tempore member appointed in accordance with Subsection
252 (3) shall be two years from July 1 of the year of appointment. A pro tempore member may not
253 serve more than three terms.
254 (7) If a member leaves office or is unable to serve, the vacancy shall be filled as it was
255 originally appointed. A person appointed to fill a vacancy under Subsection (6) serves the
256 remaining unexpired term of the member being replaced. If the remaining unexpired term is
257 less than six months, the newly appointed member shall be reappointed on July 1. The time
258 served until July 1 is not counted in the restriction set forth in Subsection (6).
259 (8) A member may not receive compensation or benefits for the member's service but
260 may receive per diem and travel expenses in accordance with:
261 (a) Section 63A-3-106;
262 (b) Section 63A-3-107; and
263 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
264 63A-3-107.
265 (9) Salaries and expenses of the members of the commission who are legislators shall
266 be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3,
267 Legislator Compensation.
268 Section 3. Section 49-12-204 is amended to read:
269 49-12-204. Higher education employees' eligibility requirements -- Election
270 between different retirement plans -- Classification requirements -- Transfer between
271 systems -- One-time election window -- Rulemaking.
272 (1) (a) A regular full-time employee of an institution of higher education who is
273 eligible to participate in either this system or a public or private retirement system,
274 organization, or company, designated as described in Subsection (1)(c) [
275 than January 1, 1979, elect to participate exclusively in this system or in an annuity contract
276 allowed under this Subsection (1).
277 (b) The election is final, and no right exists to make any further election.
278 (c) [
279 shall designate the public or private retirement systems, organizations, or companies that a
280 regular full-time employee of an institution of higher education is eligible to participate in
281 under Subsection (1)(a).
282 [
283
284
285 (2) (a) Except as provided under Subsection (2)(c), a regular full-time employee hired
286 by an institution of higher education after January 1, 1979, may participate only in the
287 retirement plan which attaches to the person's employment classification.
288 (b) Each institution of higher education shall prepare or amend existing employment
289 classifications, under the direction of the Utah Board of Higher Education, [
290
291 classification is assigned with either:
292 (i) this system; or
293 (ii) a public or private system, organization, or company designated by[
294 [
295 Education[
296 [
297
298 (c) Notwithstanding a person's employment classification assignment under Subsection
299 (2)(b), a regular full-time employee who begins employment with an institution of higher
300 education on or after May 11, 2010, has a one-time irrevocable election to continue
301 participation in this system, if the employee has service credit in this system before the date of
302 employment.
303 (3) Notwithstanding an employment classification assignment change made under
304 Subsection (2)(b), a regular full-time employee hired by an institution of higher education after
305 January 1, 1979, whose employment classification requires participation in this system may
306 elect to continue participation in this system.
307 (4) A regular full-time employee hired by an institution of higher education after
308 January 1, 1979, whose employment classification requires participation in this system shall
309 participate in this system.
310 (5) (a) Notwithstanding any other provision of this section, a regular full-time
311 employee of an institution of higher education shall have a one-time irrevocable election to
312 participate in this system if the employee:
313 (i) was hired after January 1, 1979;
314 (ii) whose employment classification assignment under Subsection (2)(b) required
315 participation in a retirement program other than this system; and
316 (iii) has service credit in a system under this title.
317 (b) The election under Subsection (5)(a) shall be made before June 30, 2010.
318 (c) All forms required by the office must be completed and received by the office no
319 later than June 30, 2010, for the election to participate in this system to be effective.
320 (d) Beginning July 1, 2010, a regular full-time employee of an institution of higher
321 education who elects to be covered by this system under Subsection (5)(a) may begin to accrue
322 service credit in this system.
323 (6) A regular full-time employee of an institution of higher education who elects to be
324 covered by this system under Subsection (2)(c) or (5)(a), may purchase periods of employment
325 while covered under another retirement program sponsored by the institution of higher
326 education by complying with the requirements of Section 49-11-403.
327 (7) The board shall make rules to implement this section.
328 (8) An employee's participation or election described in this section:
329 (a) shall be made in accordance with this section; and
330 (b) is subject to requirements under federal law and rules made by the board.
331 Section 4. Section 49-13-204 is amended to read:
332 49-13-204. Higher education employees' eligibility requirements -- Election
333 between different retirement plans -- Classification requirements -- Transfer between
334 systems -- One-time election window -- Rulemaking.
335 (1) (a) A regular full-time employee of an institution of higher education who is
336 eligible to participate in either this system or in a retirement system with a public or private
337 retirement system, organization, or company, designated as described in Subsection (1)(c) [
338
339 annuity contract allowed under this Subsection (1)(a).
340 (b) The election is final, and no right exists to make any further election.
341 (c) [
342 shall designate the public or private retirement systems, organizations, or companies that a
343 regular full-time employee of an institution of higher education is eligible to participate in
344 under Subsection (1)(a).
345 [
346
347
348 (2) (a) Except as provided under Subsection (2)(c), a regular full-time employee hired
349 by an institution of higher education after January 1, 1979, may participate only in the
350 retirement plan which attaches to the person's employment classification.
351 (b) Each institution of higher education shall prepare or amend existing employment
352 classifications, under the direction of the Utah Board of Higher Education, [
353
354
355 (i) this system; or
356 (ii) a public or private system, organization, or company designated by[
357 [
358 Education[
359 [
360
361 (c) Notwithstanding a person's employment classification assignment under Subsection
362 (2)(b), a regular full-time employee who begins employment with an institution of higher
363 education on or after May 11, 2010, has a one-time irrevocable election to continue
364 participation in this system, if the employee has service credit in this system before the date of
365 employment.
366 (3) Notwithstanding an employment classification assignment change made under
367 Subsection (2)(b), a regular full-time employee hired by an institution of higher education after
368 January 1, 1979, whose employment classification requires participation in this system may
369 elect to continue participation in this system.
370 (4) A regular full-time employee hired by an institution of higher education after
371 January 1, 1979, whose employment classification requires participation in this system shall
372 participate in this system.
373 (5) (a) Notwithstanding any other provision of this section, a regular full-time
374 employee of an institution of higher education whose employment classification assignment
375 under Subsection (2)(b) required participation in a retirement program other than this system
376 shall have a one-time irrevocable election to participate in this system.
377 (b) The election under Subsection (5)(a) shall be made before June 30, 2010.
378 (c) All forms required by the office must be completed and received by the office no
379 later than June 30, 2010, for the election to participate in this system to be effective.
380 (d) Beginning July 1, 2010, a regular full-time employee of an institution of higher
381 education who elects to be covered by this system under Subsection (5)(a) may begin to accrue
382 service credit in this system.
383 (6) A regular full-time employee of an institution of higher education who elects to be
384 covered by this system under Subsection (2)(c) or (5)(a) may purchase periods of employment
385 while covered under another retirement program by complying with the requirements of
386 Section 49-11-403.
387 (7) The board shall make rules to implement this section.
388 (8) An employee's participation or election described in this section:
389 (a) shall be made in accordance with this section; and
390 (b) is subject to requirements under federal law and rules made by the board.
391 Section 5. Section 49-22-204 is amended to read:
392 49-22-204. Higher education employees' eligibility requirements -- Election
393 between different retirement plans -- Classification requirements -- Transfer between
394 systems.
395 (1) (a) A regular full-time employee of an institution of higher education who is
396 eligible to participate in either this system or in a retirement annuity contract with a public or
397 private system, organization, or company, designated as described in Subsection (1)(c) [
398 shall, not later than January 1, 1979, elect to participate exclusively in this system or in an
399 annuity contract allowed under this Subsection (1).
400 (b) The election is final, and no right exists to make any further election.
401 (c) [
402 shall designate the public or private retirement systems, organizations, or companies that a
403 regular full-time employee of an institution of higher education is eligible to participate in
404 under Subsection (1)(a).
405 [
406
407
408 (2) (a) A regular full-time employee hired by an institution of higher education after
409 January 1, 1979, may participate only in the retirement plan designated for the person's
410 employment classification.
411 (b) Each institution of higher education shall prepare or amend existing employment
412 classifications, under the direction of the Utah Board of Higher Education, [
413
414 classification is assigned with either:
415 (i) this system; or
416 (ii) a public or private system, organization, or company designated by[
417 [
418 Education[
419 [
420
421 (c) Notwithstanding a person's employment classification assignment under Subsection
422 (2)(b), a regular full-time employee who begins employment with an institution of higher
423 education has a one-time irrevocable election to continue participation in this system if the
424 employee:
425 (i) has service credit in this system before the date of employment with the institution
426 of higher education; and
427 (ii) makes the election before participating in the system described in Subsection
428 (2)(b)(ii).
429 (3) A regular full-time employee hired by an institution of higher education on or after
430 July 1, 2011, whose employment classification requires participation in this system may elect
431 to continue participation in this system upon change to an employment classification that
432 requires participation in a public or private system, organization, or company designated by:
433 (a) except as provided in Subsection (3)(b), the Utah Board of Higher Education; or
434 (b) the technical college board of trustees of each technical college for regular full-time
435 employees of each technical college.
436 (4) A regular full-time employee hired by an institution of higher education on or after
437 July 1, 2011, whose employment classification requires participation in this system shall
438 participate in this system.
439 (5) An employee's participation or election described in this section:
440 (a) shall be made in accordance with this section; and
441 (b) is subject to requirements under federal law and rules made by the board.
442 Section 6. Section 51-8-303 is amended to read:
443 51-8-303. Requirements of member institutions of the state system of higher
444 education.
445 (1) The Utah Board of Higher Education shall:
446 (a) establish asset allocations for the institutional funds;
447 (b) in consultation with the commissioner of higher education, establish guidelines for
448 investing the funds; and
449 (c) establish a written policy governing conflicts of interest.
450 (2) (a) A higher education institution may not invest its institutional funds in violation
451 of the Utah Board of Higher Education's guidelines unless the Utah Board of Higher Education
452 approves an investment policy that has been adopted by the higher education institution's board
453 of trustees.
454 (b) A higher education institution [
455
456
457 [
458 complies with Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
459 (3) (a) The board of trustees of a higher education institution may adopt:
460 (i) an investment policy to govern the investment of the higher education institution's
461 institutional funds; and
462 (ii) a conflict of interest policy.
463 (b) The investment policy shall:
464 (i) define the groups, and the responsibilities of those groups, that must be involved
465 with investing the institutional funds;
466 (ii) ensure that the groups defined under Subsection (3)(b)(i) at least include the board
467 of trustees, an investment committee, institutional staff, and a custodian bank;
468 (iii) create an investment committee that includes not more than two members of the
469 board of trustees and no less than two independent investment management professionals;
470 (iv) determine an appropriate risk level for the institutional funds;
471 (v) establish allocation ranges for asset classes considered suitable for the institutional
472 funds;
473 (vi) determine prudent diversification of the institutional funds; and
474 (vii) establish performance objectives and a regular review process.
475 [
476
477
478 (4) Each higher education institution shall make monthly reports detailing the deposit
479 and investment of funds in the institution's custody or control to:
480 (a) the institution of higher education board of trustees; and
481 (b) the Utah Board of Higher Education.
482 (5) The state auditor may conduct or cause to be conducted an annual audit of the
483 investment program of each higher education institution.
484 (6) The Utah Board of Higher Education shall submit an annual report to the governor
485 and the Legislature summarizing all investments by higher education institutions under its
486 jurisdiction.
487 Section 7. Section 53B-1-110 is amended to read:
488 53B-1-110. Criminal background checks of prospective and existing employees of
489 higher education institutions -- Institutions to adopt policy.
490 (1) As used in this section:
491 (a) "Institution" means an institution listed in Section 53B-1-102.
492 (b) "Minor" means a person younger than 21 years [
493 (2) [
494 checks of:
495 (a) prospective employees of institutions; and
496 (b) existing employees of institutions, where reasonable cause exists.
497 (3) (a) The policy shall require that:
498 (i) an applicant for any position that involves significant contact with minors or any
499 position considered to be security sensitive by [
500 submit to a criminal background check as a condition of employment; and
501 (ii) an existing employee submit to a criminal background check, where reasonable
502 cause exists.
503 (b) Subsection (3)(a)(i) does not apply to adjunct faculty positions.
504 (c) The policy may allow or require applicants for positions other than those described
505 in Subsection (3)(a)(i) to submit to a criminal background check as a condition of employment.
506 (d) The policy may allow criminal background checks for new employees to be phased
507 in over a two-year period.
508 (4) The applicant or employee shall receive written notice that the background check
509 has been requested.
510 (5) Each applicant or employee subject to a criminal background check under this
511 section shall, if required by the institution:
512 (a) be fingerprinted; and
513 (b) consent to a fingerprint background check by:
514 (i) the Utah Bureau of Criminal Identification; and
515 (ii) the Federal Bureau of Investigation.
516 (6) (a) Institutions may request the Utah Bureau of Criminal Identification to conduct
517 criminal background checks of prospective employees and, where reasonable cause exists,
518 existing employees pursuant to [
519 (b) At the request of an institution, the Utah Bureau of Criminal Identification shall:
520 (i) release the individual's full record of criminal convictions to the administrator
521 requesting the information; and
522 (ii) seek additional information from regional or national criminal data files in
523 responding to inquiries under this section.
524 (c) Information received by the Utah Bureau of Criminal Identification from entities
525 other than agencies or political subdivisions of the state may not be released to a private entity
526 unless the release is permissible under applicable laws or regulations of the entity providing the
527 information.
528 (d) Except as provided in Subsection (7), the institution shall pay the cost of
529 background checks conducted by the Utah Bureau of Criminal Identification, and the money
530 collected shall be credited to the Utah Bureau of Criminal Identification to offset its expenses.
531 (7) [
532 criminal background check as a condition of employment.
533 (8) The applicant or employee shall have an opportunity to respond to any information
534 received as a result of the criminal background check.
535 (9) If a person is denied employment or is dismissed from employment because of
536 information obtained through a criminal background check, the person shall receive written
537 notice of the reasons for denial or dismissal and have an opportunity to respond to the reasons
538 under procedures established by [
539 Section 8. Section 53B-1-112 is amended to read:
540 53B-1-112. Disclosure requirements for institution programs.
541 (1) As used in this section:
542 (a) "Department" means the Department of Workforce Services.
543 (b) "Institution" means an institution of higher education described in Section
544 53B-1-102.
545 (c) "Job placement data" means information collected by the board, and based on
546 information from the department, that reflects the job placement rate and industry employment
547 information for a student who graduates from a program.
548 (d) (i) "Program" means a program of organized instruction or study at an institution
549 that leads to:
550 (A) an academic degree;
551 (B) a professional degree;
552 (C) a vocational degree;
553 (D) a certificate of one year or greater or the direct assessment equivalent; or
554 (E) another recognized educational credential.
555 (ii) "Program" includes instruction or study that, in lieu of time as a measurement for
556 student learning, utilizes direct assessment of student learning, or recognizes the direct
557 assessment of student learning by others, if the assessment is consistent with the accreditation
558 of the institution or program utilizing the results of the assessment.
559 (e) "Student loan information" means the percentage of students at an institution who:
560 (i) received a Title IV loan authorized under:
561 (A) the Federal Perkins Loan Program;
562 (B) the Federal Family Education Loan Program; or
563 (C) the William D. Ford Direct Loan Program; and
564 (ii) fail to pay a loan described in Subsection (1)(e)(i)(A), (B), or (C).
565 (f) "Total costs" means:
566 (i) the estimated costs a student would incur while completing a program, including:
567 (A) tuition and fees; and
568 (B) books, supplies, and equipment; and
569 (ii) calculated based on a student's degree, the institution's average costs that would be
570 incurred while a student completes a program and are subsidized by taxpayer contribution,
571 including:
572 (A) tuition and fees; and
573 (B) other applicable expenses subsidized by taxpayer contribution for program
574 completion.
575 (g) "Wage data" means information collected by the board, and based on information
576 from the department, that reflects a student's wage the first year and fifth year after a student
577 has successfully completed a program.
578 (2) (a) Except as provided in Subsection (4), for each program listed in an institution's
579 course catalog or each program otherwise offered by the institution, the institution shall
580 provide a conspicuous and direct link on the institution's website, subject to Subsection (2)(b),
581 to the following information maintained by the board in accordance with Subsection (3):
582 (i) job placement data;
583 (ii) to the extent supporting data is available, student loan information;
584 (iii) total costs; and
585 (iv) wage data.
586 (b) An institution shall include the information described in Subsection (2)(a) on each
587 institutional website that includes academic, cost, financial aid, or admissions information for a
588 program.
589 (3) [
590 shall:
591 (a) collect the information described in Subsection (2)(a);
592 (b) develop through user testing a format for the display of information described in
593 Subsection (2)(a) that is easily accessible and informative; and
594 (c) maintain the information described in Subsection (2)(a) so that it is current.
595 (4) An institution is not subject to Subsection (2) for a program that the institution is
596 required to report on under 34 C.F.R. Sec. 668.412.
597 (5) The board shall, in accordance with Title 63G, Chapter 3, Utah Administrative
598 Rulemaking Act, make rules for the implementation and administration of this section.
599 Section 9. Section 53B-1-116 is enacted to read:
600 53B-1-116. Bereavement leave for miscarriage and stillbirth.
601 (1) As used in this section "miscarriage" means the spontaneous or accidental loss of a
602 fetus, regardless of gestational age or the duration of the pregnancy.
603 (2) An institution shall adopt policies providing at least three work days of paid
604 bereavement leave for an employee following the end of the employee's pregnancy by way of
605 miscarriage or stillbirth or following the end of another individual's pregnancy by way of a
606 miscarriage or stillbirth, if:
607 (a) the employee is the individual's spouse or partner;
608 (b) the employee is the individual's former spouse or partner and the employee would
609 have been a biological parent of a child born as a result of the pregnancy;
610 (c) the employee provides documentation to show that the individual intended for the
611 employee to be an adoptive parent, as that term is defined in Section 78B-6-103, of a child born
612 as a result of the pregnancy; or
613 (d) under a valid gestational agreement in accordance with Title 78B, Chapter 15, Part
614 8, Gestational Agreement, the employee would have been a parent of a child born as a result of
615 the pregnancy.
616 Section 10. Section 53B-1-117 is enacted to read:
617 53B-1-117. Oaths of office.
618 Notwithstanding Section 52-1-2, except as otherwise provided in this title, an
619 individual whom one of the following appoints or employs is not required to take an official
620 oath of office:
621 (1) the board;
622 (2) the commissioner;
623 (3) a degree-granting institution or a technical college;
624 (4) an institution board of trustees; or
625 (5) the president of a degree-granting institution or a technical college.
626 Section 11. Section 53B-1-401 is amended to read:
627 53B-1-401. Definitions.
628 As used in this part:
629 (1) "Board" means the Utah Board of Higher Education described in Section
630 53B-1-402.
631 (2) "Institution of higher education" or "institution" means an institution of higher
632 education described in Section 53B-1-102.
633 [
634
635 Section 12. Section 53B-1-402 is amended to read:
636 53B-1-402. Establishment of board -- Powers, duties, and authority -- Reports.
637 (1) (a) There is established the Utah Board of Higher Education, which:
638 (i) is the governing board for the institutions of higher education;
639 (ii) controls, oversees, and regulates the Utah [
640 Higher Education in a manner consistent with the purpose of this title and the specific powers
641 and responsibilities granted to the board[
642 (b) (i) The University of Utah shall provide administrative support for the board.
643 (ii) Notwithstanding Subsection (1)(b)(i), the board shall maintain the board's
644 independence, including in relation to the powers and responsibilities granted to the board.
645 (2) The board shall:
646 (a) establish and promote a state-level vision and goals for higher education that
647 emphasize data-driven retrospective and prospective system priorities, including:
648 (i) quality;
649 (ii) affordability;
650 (iii) access and equity;
651 (iv) completion;
652 (v) workforce alignment and preparation for high-quality jobs; and
653 (vi) economic growth;
654 (b) establish system policies and practices that advance the vision and goals;
655 (c) establish metrics to demonstrate and monitor:
656 (i) performance related to the goals; and
657 (ii) performance on measures of operational efficiency;
658 (d) collect and analyze data including economic data, demographic data, and data
659 related to the metrics;
660 (e) govern data quality and collection across institutions;
661 (f) establish, approve, and oversee each institution's mission and role in accordance
662 with Section 53B-16-101;
663 (g) assess an institution's performance in accomplishing the institution's mission and
664 role;
665 (h) participate in the establishment and review of programs of instruction in accordance
666 with Section 53B-16-102;
667 (i) perform the following duties related to an institution of higher education president,
668 including:
669 (i) [
670 Section 53B-2-102;
671 (ii) through the commissioner and the board's executive committee:
672 (A) providing support and guidance to an institution of higher education president; and
673 (B) evaluating an institution of higher education president based on institution
674 performance and progress toward systemwide priorities;
675 (iii) setting the terms of employment for an institution of higher education president,
676 including performance-based compensation, through an employment contract or another
677 method of establishing employment; and
678 (iv) establishing, through a public process, a statewide succession plan to develop
679 potential institution presidents from within the system;
680 (j) create and implement a strategic finance plan for higher education, including by:
681 (i) establishing comprehensive budget and finance priorities for academic education
682 and technical education;
683 (ii) allocating statewide resources to institutions;
684 (iii) setting tuition for each institution;
685 (iv) administering state financial aid programs;
686 (v) administering performance funding in accordance with Chapter 7, Part 7,
687 Performance Funding; and
688 (vi) developing a strategic capital facility plan and prioritization process in accordance
689 with Chapter 22, Part 2, Capital Developments, and Sections 53B-2a-117 and 53B-2a-118;
690 (k) create and annually report to the Higher Education Appropriations Subcommittee
691 on a seamless articulated education system for Utah students that responds to changing
692 demographics and workforce, including by:
693 (i) providing for statewide prior learning assessment, in accordance with Section
694 53B-16-110;
695 (ii) establishing and maintaining clear pathways for articulation and transfer, in
696 accordance with Section 53B-16-105;
697 (iii) establishing degree program requirement guidelines, including credit hour limits;
698 (iv) aligning general education requirements across degree-granting institutions;
699 (v) coordinating and incentivizing collaboration and partnerships between institutions
700 in delivering programs;
701 (vi) coordinating distance delivery of programs;
702 (vii) coordinating work-based learning; and
703 (viii) emphasizing the system priorities and metrics described in Subsections (2)(a) and
704 (c);
705 (l) coordinate with the public education system:
706 (i) regarding public education programs that provide postsecondary credit or
707 certificates; and
708 (ii) to ensure that an institution of higher education providing technical education
709 serves secondary students in the public education system;
710 (m) delegate to an institution board of trustees certain duties related to institution
711 governance including:
712 (i) guidance and support for the institution president;
713 (ii) effective administration;
714 (iii) the institution's responsibility for contributing to progress toward achieving
715 systemwide goals; and
716 (iv) other responsibilities determined by the board;
717 (n) delegate to an institution of higher education president management of the
718 institution of higher education;
719 (o) consult with an institution of higher education board of trustees or institution of
720 higher education president before acting on matters pertaining to the institution of higher
721 education;
722 (p) maximize efficiency throughout the Utah [
723 Higher Education by identifying and establishing shared administrative services, beginning
724 with:
725 (i) commercialization;
726 (ii) services for compliance with Title IX of the Education Amendments of 1972, 20
727 U.S.C. Sec. 1681 et seq.;
728 (iii) information technology services; and
729 (iv) human resources, payroll, and benefits administration;
730 (q) develop strategies for providing higher education, including career and technical
731 education, in rural areas;
732 (r) manage and facilitate a process for initiating, prioritizing, and implementing
733 education reform initiatives, beginning with common applications and direct admissions;
734 (s) provide ongoing quality review of programs; and
735 (t) before each annual legislative general session, provide to the Higher Education
736 Appropriations Subcommittee a prioritization of all projects and proposals for which the board
737 or an institution of higher education seeks an appropriation.
738 (3) The board shall submit an annual report of the board's activities and performance
739 against the board's goals and metrics to:
740 (a) the Education Interim Committee;
741 (b) the Higher Education Appropriations Subcommittee;
742 (c) the governor; and
743 (d) each institution of higher education.
744 (4) The board shall prepare and submit an annual report detailing the board's progress
745 and recommendations on workforce related issues, including career and technical education, to
746 the governor and to the Legislature's Education Interim Committee by October 31 of each year,
747 including information detailing:
748 (a) how institutions of higher education are meeting the career and technical education
749 needs of secondary students;
750 (b) how the system emphasized high demand, high wage, and high skill jobs in
751 business and industry;
752 (c) performance outcomes, including:
753 (i) entered employment;
754 (ii) job retention; and
755 (iii) earnings;
756 (d) an analysis of workforce needs and efforts to meet workforce needs; and
757 (e) student tuition and fees.
758 (5) The board may modify the name of an institution of higher education to reflect the
759 role and general course of study of the institution.
760 (6) The board may not take action relating to merging a technical college with another
761 institution of higher education without legislative approval.
762 (7) This section does not affect the power and authority vested in the State Board of
763 Education to apply for, accept, and manage federal appropriations for the establishment and
764 maintenance of career and technical education.
765 (8) The board shall ensure that any training or certification that an employee of the
766 higher education system is required to complete under this title or by board rule complies with
767 Title 63G, Chapter 22, State Training and Certification Requirements.
768 (9) The board shall demonstrate compliance with Subsection (2)(p) by providing to the
769 Higher Education Appropriations Subcommittee:
770 (a) on or before October 1, 2024, evidence of implementation of at least one shared
771 administrative service;
772 (b) on or before October 1, 2025, evidence of implementation of at least two shared
773 administrative services; and
774 (c) on or before October 1, 2026, evidence of implementation of at least three shared
775 administrative services.
776 (10) If the Higher Education Appropriations Subcommittee finds the board to be out of
777 compliance with Subsection (9), the Legislature shall:
778 (a) deduct 10% of the appropriation described in Section 53B-7-703 for the following
779 fiscal year; and
780 (b) deduct an additional 10% of the appropriation described in Section 53B-7-703 for
781 each subsequent year of noncompliance up to a maximum deduction of 30%.
782 [
783
784 [
785
786 [
787
788 [
789 [
790 [
791
792 [
793
794
795 [
796
797
798 Section 13. Section 53B-1-408 is amended to read:
799 53B-1-408. Appointment of commissioner of higher education -- Qualifications --
800 Associate commissioners -- Duties -- Office.
801 (1) (a) The board, upon approval from the governor and with the advice and consent of
802 the Senate, shall appoint a commissioner of higher education to serve at the board's pleasure as
803 the board's chief executive officer.
804 (b) The following may terminate the commissioner:
805 (i) the board; or
806 (ii) the governor, after consultation with the board.
807 (c) The board shall:
808 (i) set the salary of the commissioner;
809 (ii) subject to Subsection (3), prescribe the duties and functions of the commissioner;
810 and
811 (iii) select a commissioner on the basis of outstanding professional qualifications.
812 (2) (a) The commissioner may appoint associate commissioners.
813 (b) An associate commissioner described in Subsection (2)(a) is not subject to the
814 approval of the board.
815 (3) The commissioner is responsible to the board to:
816 (a) ensure the proper execution of the policies, programs, and strategic plan of the
817 board;
818 (b) furnish information about the Utah [
819 Education and make recommendations regarding that information to the board;
820 (c) provide state-level leadership in any activity affecting an institution of higher
821 education;
822 (d) in consultation with the board's executive committee and in accordance with
823 Subsection 53B-1-402(2), evaluate and provide support and guidance to an institution of higher
824 education president; and
825 (e) perform other duties the board assigns in carrying out the board's duties and
826 responsibilities.
827 (4) The commissioner is responsible to the governor to:
828 (a) inform the governor about the board's strategic plan and progress on accomplishing
829 the strategic plan;
830 (b) inform the governor of significant issues impacting the Utah System of Higher
831 Education; and
832 (c) provide other information and updates as requested by the governor.
833 The following section is affected by a coordination clause at the end of this bill.
834 Section 14. Section 53B-2-106 is repealed and reenacted to read:
835 53B-2-106. Duties and responsibilities of the president of an institution of higher
836 education -- Approval by board of trustees.
837 (1) As used in this section:
838 (a) "Institution" means:
839 (i) a degree-granting institution; or
840 (ii) a technical college.
841 (b) "President" means the president of an institution.
842 (2) The president of each institution may exercise grants of power and authority as the
843 board delegates, as well as the necessary and proper exercise of powers and authority not
844 denied to the institution or the institution's administration, faculty, or students by the board or
845 by law, to ensure the effective and efficient administration and operation of the institution
846 consistent with the statewide strategic plan for higher education.
847 (3) A president may:
848 (a) appoint or employ administrative officers, deans, faculty members, professional
849 personnel, and support personnel;
850 (b) prescribe duties for a position described in Subsection (3)(a); and
851 (c) determine the salary for an employed position described in Subsection (3)(a), in
852 accordance with the institution's human resources policies.
853 (4) (a) A president may, after consultation with the institution's board of trustees,
854 exercise powers related to the institution's employees, including faculty and persons under
855 contract with the institution, by implementing:
856 (i) policies governing personnel;
857 (ii) furloughs;
858 (iii) reductions in force;
859 (iv) program reductions or discontinuance;
860 (v) early retirement incentives that provide cost savings to the institution; or
861 (vi) other measures that provide cost savings, facilitate efficiencies, or otherwise
862 enable the institution to meet the institution's mission and role.
863 (5) A president shall:
864 (a) control and manage the budget and finances of the institution, including by, as
865 determined by the president:
866 (i) establishing the institution's budget; and
867 (ii) establishing or adjusting administrative or academic unit budgets; and
868 (b) subject to Section 53B-7-101, establish:
869 (i) tuition for the institution, including both resident and nonresident tuition if the
870 institution is a degree-granting institution, subject to the approval of the board as described in
871 Section 53B-1-402; and
872 (ii) fees and other charges for the institution; and
873 (c) establish the organization and structure of the institution, including by, as
874 determined by the president, creating, merging, or eliminating a college, department, or other
875 administrative or academic unit of the institution;
876 (6) Subject to the approval of the institution's board of trustees, a president:
877 (a) shall establish a budgetary policy, such as policy regarding benefits and endowment
878 investments;
879 (b) shall provide for the constitution, government, and organization of the faculty and
880 administration, including Ĥ→ [
880a (i) ←Ĥ enacting and implementing rules Ĥ→ [
880b Ĥ→ (ii) ensuring that the faculty may only have jurisdiction over: ←Ĥ
880c Ĥ→ (A) academic requirements for admission, degrees, and certificates; and
880d (B) course curriculum and instruction;
880e (iii) permitting faculty to have jurisdiction over a matter other than a matter described
880f in Subsection (6)(b)(ii) only if the following entities expressly authorize or delegate such power:
880g (A) the Legislature;
880h (B) the board;
880i (C) the institution's board of trustees; or
880j (D) the insitution's president; and ←Ĥ
88k Ĥ→ [
882 degree-granting institution Ĥ→ , the establishment of a prescribed system of tenure ←Ĥ ; and
883 (c) may authorize the faculty to determine the general initiation and direction of
884 instruction and of the examination, admission, and classification of students.
885 (7) A president may establish policies for the administration and operation of the
886 institution that:
887 (a) are consistent with the institution's role that the board establishes, rules which the☆
888 ☆board enacts, and the laws of the state; and
889 (b) may provide for:
890 (i) administrative, faculty, student, and joint committees with jurisdiction over
891 specified institutional matters;
892 (ii) student government and student affairs organizations;
893 (iii) the establishment of institutional standards in furtherance of the ideals of higher
894 education to which the institution and the institution's administration, faculty, and students
895 subscribe and foster; and
896 (iv) the holding of classes on legal holidays, other than Sunday.
897 (8) A president shall manage the president's institution as a part of the Utah System of
898 Higher Education.
899 (9) In performing any of the acts described in this section, a president may, in the
900 president's sole discretion, seek input from the institution's faculty, staff, or students.
901 (10) The board shall establish guidelines relating to the roles and relationships between
902 presidents and boards of trustees, including those matters for which law requires the approval
903 of a board of trustees before implementation by the president.
904 (11) (a) A president is subject to regular review and evaluation that the board
905 administers, in consultation with the institution's board of trustees, through a process the board
906 approves.
907 (b) Only the board may formally assess a president's performance, formally declare a
908 president's standing, or take other formal action to evaluate a president.
909 Section 15. Section 53B-2-114 is enacted to read:
910 53B-2-114. Degree-granting institution attorneys -- Appointment -- Duties.
911 (1) Recognizing the status of institutions within the Utah System of Higher Education
912 as bodies politic and corporate, the president of a degree-granting institution may appoint
913 attorneys to:
914 (a) provide legal advice to the degree-granting institution's administration; and
915 (b) coordinate legal affairs within the degree-granting institution.
916 (2) An institution shall fund compensation costs and related office expenses for an
917 attorney described in Subsection (1) within existing budgets.
918 (3) The board shall coordinate the activities of attorneys described in Subsection (1).
919 (4) An attorney described in Subsection (1):
920 (a) may not:
921 (i) conduct litigation;
922 (ii) settle a claim covered by the State Risk Management Fund; or
923 (iii) issue a formal legal opinion; and
924 (b) shall cooperate with the Office of the Attorney General in providing legal
925 representation to a degree-granting institution.
926 Section 16. Section 53B-2a-107 is amended to read:
927 53B-2a-107. Technical college presidents.
928 (1) The board shall appoint a president for each technical college in accordance with
929 Section 53B-2-102.
930 (2) [
931 college.
932 [
933 [
934 [
935 [
936 college president shall:
937 [
938
939
940
941
942 [
943 [
944 [
945
946 [
947 [
948 districts, and charter schools within the technical college's region, prepare a comprehensive
949 strategic plan for delivering technical education within the region;
950 [
951 Governor's Office of Economic Opportunity, and the Governor's Office of Planning and Budget
952 on an ongoing basis to determine what workers and skills are needed for employment in Utah
953 businesses and industries;
954 [
955 meet the technical education needs of secondary students; and
956 [
957 and examination of students in accordance with the policies and accreditation guidelines of the
958 board and the State Board of Education[
959 [
960
961 Section 17. Section 53B-2a-117 is amended to read:
962 53B-2a-117. Legislative approval -- Capital development projects --
963 Prioritization.
964 (1) As used in this section:
965 (a) "Consumer Price Index" means the Consumer Price Index for All Urban Consumers
966 as published by the Bureau of Labor Statistics of the United States Department of Labor.
967 (b) "Fund" means the Technical Colleges Capital Projects Fund created in Section
968 53B-2a-118.
969 (2) In accordance with this section, a technical college is required to receive legislative
970 approval in an appropriations act for a dedicated project or a nondedicated project.
971 (3) In accordance with Section 53B-2a-112, a technical college shall submit to the
972 board a proposal for a funding request for each dedicated project or nondedicated project for
973 which the technical college seeks legislative approval.
974 (4) The board shall:
975 (a) review each proposal submitted under Subsection (3) to ensure that the proposal
976 complies with Section 53B-2a-112;
977 (b) based on the results of the board's review under Subsection (4)(a), create:
978 (i) a list of approved dedicated projects, prioritized in accordance with Subsection (6);
979 and
980 (ii) a list of approved nondedicated projects, prioritized in accordance with Subsection
981 (6); and
982 (c) submit the lists described in Subsection (4)(b) to:
983 (i) the governor;
984 (ii) the Infrastructure and General Government Appropriations Subcommittee;
985 (iii) the Higher Education Appropriations Subcommittee; and
986 (iv) the Division of Facilities Construction and Management for a:
987 (A) recommendation, for the list described in Subsection (4)(b)(i); or
988 (B) recommendation and prioritization, for the list described in Subsection (4)(b)(ii).
989 (5) A dedicated project:
990 (a) is subject to the recommendation of the Division of Facilities Construction and
991 Management as described in Section 63A-5b-403; and
992 (b) is not subject to the prioritization of the Division of Facilities Construction and
993 Management as described in Section 63A-5b-403.
994 (6) (a) Subject to Subsection (7), the board shall prioritize funding requests for capital
995 development projects described in this section based on:
996 (i) growth and capacity;
997 (ii) effectiveness and support of critical programs;
998 (iii) cost effectiveness;
999 (iv) building deficiencies and life safety concerns; and
1000 (v) alternative funding sources.
1001 (b) The board shall establish:
1002 (i) how the board will measure each factor described in Subsection (6)(a); and
1003 (ii) procedures for prioritizing funding requests for capital development projects
1004 described in this section.
1005 (7) (a) Subject to Subsection (7)(b), and in accordance with Subsection (6), the board
1006 may annually prioritize:
1007 (i) up to three nondedicated projects if the ongoing appropriation to the fund is less
1008 than $7,000,000;
1009 (ii) up to two nondedicated projects if the ongoing appropriation to the fund is at least
1010 $7,000,000 but less than $14,000,000; or
1011 (iii) one nondedicated project if the ongoing appropriation to the fund is at least
1012 $14,000,000.
1013 (b) For each calendar year beginning on or after January 1, 2020, the dollar amounts
1014 described in Subsection (7)(a) shall be adjusted by an amount equal to the percentage
1015 difference between:
1016 (i) the Consumer Price Index for the 2019 calendar year; and
1017 (ii) the Consumer Price Index for the previous calendar year.
1018 (8) (a) A technical college may request operations and maintenance funds for a capital
1019 development project approved under this section.
1020 (b) A technical college shall make the request described in Subsection (8)(a) at the
1021 same time the technical college submits the proposal described in Subsection (3).
1022 (c) The Legislature shall consider a technical college's request described in Subsection
1023 (8)(a).
1024 Section 18. Section 53B-3-103 is amended to read:
1025 53B-3-103. Power of board and institutions to adopt rules and enact regulations.
1026 (1) As used in this section, "institution" means an institution listed in Section
1027 53B-1-102.
1028 [
1029 college students, faculty, and employees.
1030 (b) A president in consultation with the board of trustees, may enact policies governing
1031 the conduct of university and college students, faculty, and employees.
1032 [
1033 [
1034 related [
1035 facilities owned or controlled by the [
1036 [
1037
1038 [
1039
1040
1041 [
1042
1043
1044 [
1045
1046 [
1047
1048
1049 [
1050
1051
1052 [
1053
1054
1055 [
1056
1057 [
1058 condition for enrollment or attendance within the system of higher education unless the board
1059 or an institution allows for the following exemptions:
1060 (A) a medical exemption if the student provides to the institution a statement that the
1061 claimed exemption is for a medical reason; and
1062 (B) a personal exemption if the student provides to the institution a statement that the
1063 claimed exemption is for a personal or religious belief.
1064 (ii) An institution that offers both remote and in-person learning options may not deny
1065 a student who is exempt from a requirement to receive a vaccine under Subsection [
1066 (2)(b)(i) to participate in an in-person learning option based upon the student's vaccination
1067 status.
1068 (iii) Subsections [
1069 medical setting at an institution of higher education.
1070 (iv) Nothing in this section restricts a state or local health department from acting
1071 under applicable law to contain the spread of an infectious disease.
1072 [
1073 same as that term is defined in Section 53G-9-210.
1074 (ii) The board or an institution may not require an individual to wear a face covering as
1075 a condition of attendance for in-person instruction, institution-sponsored athletics,
1076 institution-sponsored extracurricular activities, in dormitories, or in any other place on a
1077 campus of an institution within the system of higher education at any time after the end of the
1078 spring semester in 2021.
1079 (iii) Subsection [
1080 at an institution of higher education.
1081 [
1082 oath during an employee grievance hearing for a non-faculty employee of an institution of
1083 higher education if the grievance hearing relates to the non-faculty employee's:
1084 (a) demotion; or
1085 (b) termination.
1086 (5) Acknowledging that the Legislature has the authority to regulate, by law, firearms
1087 at higher education institutions, the board may:
1088 (a) authorize higher education institutions to establish no more than one secure area at
1089 each institution as a hearing room in accordance with Section 76-8-311.1, but not otherwise
1090 restrict the lawful possession or carrying of firearms; and
1091 (b) authorize a higher education institution to make a policy that allows a resident of a
1092 dormitory located at the institution to request only roommates who are not licensed to carry a
1093 concealed firearm under Section 53-5-704 or 53-5-705.
1094 (6) In addition to the requirements and penalty prescribed in Subsections 76-8-311.1(3)
1095 through (6), the board shall make rules to ensure:
1096 (a) the use of reasonable means such as mechanical, electronic, x-ray, or similar
1097 devices, to detect firearms, ammunition, or dangerous weapons contained in the personal
1098 property of or on the person of any individual attempting to enter a secure area hearing room;
1099 (b) that an individual required or requested to attend a hearing in a secure area hearing
1100 room is notified in writing of the requirements related to entering a secure area hearing room
1101 under this Subsection (6)(b) and Section 76-8-311.1;
1102 (c) that the restriction of firearms, ammunition, or dangerous weapons in the secure
1103 area hearing room is in effect only during the time the secure area hearing room is in use for
1104 hearings and for a reasonable time before and after the hearing; and
1105 (d) the application of reasonable space limitations to the secure area hearing room as
1106 the number of individuals involved in a typical hearing warrants.
1107 [
1108 and policies described in this section in any reasonable manner, including the assessment of
1109 fees, fines, and forfeitures, [
1110 (a) withholding from money owed the violator[
1111 (b) the imposition of probation, suspension, or expulsion from the institution[
1112 (c) the revocation of privileges[
1113 (d) the refusal to issue certificates, degrees, and diplomas[
1114 (e) [
1115 (f) any reasonable combination of [
1116 (7).
1117 Section 19. Section 53B-3-104 is amended to read:
1118 53B-3-104. Establishment of police or security departments.
1119 (1) As used in this section, "institution" means an institution listed in Section
1120 53B-1-102.
1121 (2) [
1122 departments for the purpose of enforcing the regulations of each institution of higher education
1123 and the laws of the state.
1124 Section 20. Section 53B-3-105 is amended to read:
1125 53B-3-105. Appointment of police or security personnel -- Powers.
1126 (1) As used in this section, "institution" means an institution listed in Section
1127 53B-1-102.
1128 (2) [
1129 department of [
1130 [
1131 officers and have all the powers [
1132 sheriffs, including the power to make arrests on view or on warrant of violation of state statutes
1133 and city or county ordinances.
1134 [
1135 institution also have the power to enforce all rules and regulations [
1136 institution or the board promulgates as related to the institution.
1137 Section 21. Section 53B-6-105 is amended to read:
1138 53B-6-105. Engineering and Computer Technology Initiative.
1139 (1) (a) (i) The commissioner of higher education, under the direction of the board shall
1140 develop, establish, and maintain an Engineering and Computer Science Initiative within the
1141 state system of higher education to increase the number of graduates in engineering, computer
1142 science, and related technology.
1143 (ii) The commissioner of higher education, under the direction of the board shall make
1144 rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, providing
1145 the criteria for those fields of study that qualify as "related technology" under this section and
1146 Section 53B-6-105.9.
1147 (b) The initiative shall include components that:
1148 (i) improve the quality of instructional programs in engineering, computer science, and
1149 related technology by providing supplemental money for equipment purchases; and
1150 (ii) provide incentives to institutions to hire and retain faculty under Section
1151 53B-6-105.9.
1152 (2) The increase in program capacity under Subsection (1)(a) shall include funding for
1153 new and renovated capital facilities and funding for new engineering and computer science
1154 programs.
1155 (3) The Legislature shall provide an annual appropriation to the board to fund the
1156 initiative.
1157 Section 22. Section 53B-6-105.9 is amended to read:
1158 53B-6-105.9. Incentive program for engineering, computer science, and related
1159 technology faculty.
1160 (1) The Legislature shall provide an annual appropriation to help fund the faculty
1161 incentive component of the Engineering and Computer Science Initiative established under
1162 Section 53B-6-105.
1163 (2) The appropriation shall be used to hire, recruit, and retain outstanding faculty in
1164 engineering, computer science, and related technology fields under guidelines established by
1165 the commissioner of higher education, under the direction of the board.
1166 (3) (a) State institutions of higher education shall match the appropriation on a
1167 one-to-one basis in order to qualify for state money appropriated under Subsection (1).
1168 (b) (i) Qualifying institutions shall annually report their matching dollars to the board.
1169 (ii) The [
1170 institutional matches.
1171 (iii) The annual report of the Technology Initiative Advisory Board required by Section
1172 53B-6-105.5 shall include the summary report of the institutional matches.
1173 (4) The commissioner of higher education, under the direction of the board shall make
1174 rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1175 establishing policies and procedures to apply for and distribute the state appropriation to
1176 qualifying institutions.
1177 Section 23. Section 53B-7-702 is amended to read:
1178 53B-7-702. Definitions.
1179 As used in this part:
1180 (1) "Account" means the Performance Funding Restricted Account created in Section
1181 53B-7-703.
1182 (2) "Estimated revenue growth from targeted jobs" means the estimated increase in
1183 individual income tax revenue generated by individuals employed in targeted jobs, determined
1184 [
1185 and 53B-7-704.
1186 (3) "Full new performance funding amount" means the maximum amount of new
1187 performance funding that a degree-granting institution or technical college may qualify for in a
1188 fiscal year, determined by the Legislature in accordance with Section 53B-7-705.
1189 (4) "Full-time" means the number of credit hours the board determines is full-time
1190 enrollment for a student.
1191 [
1192
1193 [
1194 [
1195
1196 [
1197 money in the account and the amount of money appropriated from the account for performance
1198 funding in the current fiscal year.
1199 [
1200 Sections 53B-7-706 and 53B-7-707.
1201 [
1202 [
1203 training as designated by the Department of Workforce Services [
1204
1205 [
1206 (a) the same as that term is defined in Section 53B-1-101.5; and
1207 (b) a degree-granting institution acting in the degree-granting institution's technical
1208 education role described in Section 53B-2a-201.
1209 [
1210 [
1211 [
1212 Section 24. Section 53B-7-703 is repealed and reenacted to read:
1213 53B-7-703. Performance Funding Restricted Account -- Creation -- Deposits into
1214 account -- Legislative review.
1215 (1) As used in this section:
1216 (a) "Account" means the Performance Funding Restricted Account created in
1217 Subsection (2).
1218 (b) "Baseline amount" means the simple five-year average amount of personal income
1219 tax withholding over fiscal years 2019-2023.
1220 (c) "Personal income tax withholding means" means income tax withholding required
1221 under Title 59, Chapter 10, Part 4, Withholding of Tax.
1222 (2) There is created within the Income Tax Fund a restricted account known as the
1223 Performance Funding Restricted Account.
1224 (3) The Legislature may appropriate money to the account.
1225 (4) Money in the account shall be:
1226 (a) used for performance funding for:
1227 (i) degree-granting institutions; and
1228 (ii) technical colleges; and
1229 (b) appropriated by the Legislature in accordance with Section 53B-7-705.
1230 (5) (a) Money in the account shall earn interest.
1231 (b) All interest earned on account money shall be deposited into the account.
1232 (6) (a) Except as provided in Subsection (6)(b) or (6)(c) and beginning December 1,
1233 2025, before the end of each calendar year, the Executive Appropriations Committee shall
1234 appropriate to the account an amount equal to 6% of the difference between the five-year
1235 average amount from the most recent five years of personal income tax withholdings and the
1236 baseline amount.
1237 (b) (i) As used in this Subsection (6)(b), "total higher education appropriations" means,
1238 for the current fiscal year, the total state funded appropriations to:
1239 (A) the board;
1240 (B) degree-granting institutions; and
1241 (C) technical colleges.
1242 (ii) If an appropriation described in Subsection (6)(a) would exceed 10% of total higher
1243 education appropriations, the Executive Appropriations Committee shall appropriate to the
1244 account an amount equal to 10% of total higher education appropriations.
1245 (c) If, after appropriating to the Public Education Economic Stabilization Restricted
1246 Account as defined in Section 53F-9-204, the remaining available revenue from the personal
1247 income tax withholdings is less than the lesser of the amounts in Subsection (6)(a) or
1248 Subsection (6)(b)(ii), the Executive Appropriations Committee shall appropriate to the account
1249 the remaining available revenue from the personal income tax withholdings.
1250 Section 25. Section 53B-7-704 is repealed and reenacted to read:
1251 53B-7-704. Reporting of estimated revenue growth from targeted jobs.
1252 (1) On or before October 1, 2030 and each subsequent fifth year, the Department of
1253 Workforce Services shall report to the Higher Education Appropriations Subcommittee on:
1254 (a) the total wages in Utah according to the Quarterly Census of Employment and
1255 Wages program over the previous five years;
1256 (b) total wages in Utah attributable to four- and five-star jobs that require
1257 postsecondary training according to the Occupational Employment and Wage Statistics
1258 program over the previous five years;
1259 (c) total wages in Utah for all occupations according to the Occupational Employment
1260 and Wage Statistics program over the previous five years;
1261 (d) the quotient of total wages in Subsection (1)(a) and total wages in Subsection
1262 (1)(b); and
1263 (e) the quotient of total wages in Subsection (1)(c) and total wages in Subsection
1264 (1)(b).
1265 (2) On or before October 1, 2030 and each subsequent fifth year, the commissioner
1266 shall report to the Higher Education Appropriations Subcommittee on:
1267 (a) all institutions' high yield awards over the previous five years;
1268 (b) the estimated revenue growth from targeted jobs associated with high yield awards
1269 over the previous five years;
1270 (c) the connection between the data described in Subsections (2)(a) and (2)(b); and
1271 (d) the estimated median effective income tax rate.
1272 Section 26. Section 53B-7-705 is amended to read:
1273 53B-7-705. Determination of full new performance funding amount -- Role of
1274 appropriations subcommittee -- Program review.
1275 (1) In accordance with this section, and based on money deposited into the account, the
1276 Legislature shall, as part of the higher education appropriations budget process, annually
1277 determine the full new performance funding amount for each:
1278 (a) degree-granting institution; and
1279 (b) technical college.
1280 [
1281 [
1282 [
1283 [
1284 (2) The Legislature shall annually allocate:
1285 [
1286 [
1287 (3) (a) The Legislature shall determine a degree-granting institution's full new
1288 performance funding amount based on the degree-granting institution's prior year share of:
1289 (i) full-time equivalent enrollment in all degree-granting institutions; and
1290 (ii) the total state-funded appropriated budget for all degree-granting institutions.
1291 (b) In determining a degree-granting institution's full new performance funding
1292 amount, the Legislature shall give equal weight to the factors described in Subsections (3)(a)(i)
1293 and (ii).
1294 (4) (a) The Legislature shall determine a technical college's full new performance
1295 funding amount based on the technical college's prior year share of:
1296 [
1297 [
1298 (i) full-time equivalent enrollment for all technical colleges; and
1299 (ii) the total state-funded appropriated budget for all technical colleges.
1300 (b) In determining a technical college's full new performance funding amount, the
1301 Legislature shall give equal weight to the factors described in Subsections (4)(a)(i) and (ii).
1302 (5) Annually, at least 30 days before the first day of the legislative general session the
1303 board shall submit a report to the Higher Education Appropriations Subcommittee on each
1304 degree-granting institution's and each technical college's performance.
1305 (6) (a) In accordance with this Subsection (6), and based on the report described in
1306 Subsection (5), the Legislature shall determine for each degree-granting institution and each
1307 technical college:
1308 (i) the portion of the full new performance funding amount earned; and
1309 (ii) the amount of new performance funding to recommend that the Legislature
1310 appropriate, from the account, to the degree-granting institution or technical college.
1311 [
1312 [
1313
1314
1315 [
1316
1317
1318 [
1319 earns the full new performance funding amount if the degree-granting institution or technical
1320 college meets the annual performance goals the board sets under Subsection
1321 53B-7-706(1)(a)(ii).
1322 [
1323
1324
1325 [
1326
1327
1328 [
1329 that does not meet the goals the board sets under Subsection 53B-7-706(1)(a)(ii):
1330 (i) is not eligible to receive the full new performance funding amount; and
1331 (ii) is eligible to receive a prorated amount of the full new performance funding
1332 amount for performance that is greater than zero as measured by the model the board
1333 establishes under Subsection 53B-7-706(1)(a)(i)(B).
1334 [
1335 does not earn the full new performance funding amount as described in Subsection [
1336 (6)(b), the [
1337 (i) shall set aside the unearned new performance funding; and
1338 (ii) may, at the end of an annual performance goal period within a five-year period for
1339 which the board sets goals under Subsection 53B-7-706(1)(a)(ii), reallocate the funds set aside
1340 under Subsection [
1341 meets or exceeds the degree-granting institution's or technical college's:
1342 (A) previous year's annual performance goal; and
1343 (B) performance goal that the institution previously failed to meet which caused the
1344 funding to be set aside.
1345 (7) An appropriation described in this section is ongoing.
1346 (8) Notwithstanding Section 53B-7-703 and Subsections (6) and (7), the Legislature
1347 may, by majority vote, appropriate or refrain from appropriating money for performance
1348 funding as circumstances require in a particular year.
1349 Section 27. Section 53B-7-706 is amended to read:
1350 53B-7-706. Performance metrics for institutions -- Determination of
1351 performance.
1352 (1) (a) (i) [
1353
1354 [
1355 a degree-granting institution's or technical college's performance.
1356 (ii) [
1357 (A) set a five-year goal for the Utah System of Higher Education for each metric
1358 described in Subsection [
1359 (B) adopt five-year goals for each degree-granting institution and technical college that
1360 align with each goal described in Subsection (1)(a)(ii)(A)[
1361 (C) ensure the goals the board adopts for each degree-granting institution and technical
1362 college described in Subsection (1)(a)(ii)(B) are sufficiently rigorous to meet the goals
1363 described in Subsection (1)(a)(ii)(A); and
1364 (b) (i) The board shall submit a draft of the model described in this section to the
1365 Higher Education Appropriations Subcommittee and the governor for comments and
1366 recommendations.
1367 (ii) [
1368 (A) submit the model described in Subsection (1)(a)(i) and the goals described in
1369 Subsection (1)(a)(ii) to the Higher Education Appropriations Subcommittee and to the
1370 governor for comments and recommendations; and
1371 (B) consider the comments and recommendations described in Subsection
1372 (1)(b)(ii)(A), and make any necessary changes to the model described in Subsection (1)(a)(i)
1373 and the goals described in Subsection (1)(a)(ii).
1374 (c) [
1375 Appropriations Committee, the Higher Education Appropriations Subcommittee, and the
1376 Education Interim Committee shall prepare and jointly meet to consider legislation for
1377 introduction at the following general legislative session to adopt the goals described in
1378 Subsection (1)(a)(ii).
1379 (2) (a) [
1380
1381
1382
1383
1384
1385
1386 establish the performance model described in Subsection [
1387 following metrics:
1388 [
1389 [
1390 [
1391 (b) [
1392 weights of the metrics described in Subsection [
1393 [
1394
1395
1396 (c) [
1397 the definitions, measures, and relative weights of the metrics described in Subsection
1398 [
1399 mission.
1400 (3) (a) For each degree-granting institution, the board shall annually determine the
1401 degree-granting institution's:
1402 (i) performance; and
1403 (ii) change in performance compared to the degree-granting institution's average
1404 performance over the previous five years.
1405 (b) For each degree-granting institution and technical college, the board shall annually:
1406 (i) adopt annual performance goals for each metric described in Subsection (2)(a)(ii)
1407 that will advance the degree-granting institution or technical college toward achievement of the
1408 five-year goals described in Subsection (1)(a)(ii);
1409 (ii) evaluate performance in meeting the goals described in Subsection (3)(b)(i); and
1410 (iii) include a degree-granting institution's or technical college's performance under this
1411 section in the evaluation described in Subsection 53B-1-402(2)(i).
1412 (4) [
1413
1414
1415
1416 model described in Subsection [
1417 53B-7-705 for determining a degree-granting institution's or technical college's performance
1418 funding.
1419 (5) At the end of each five-year period for which the board sets goals under Subsection
1420 (1)(a)(ii):
1421 (a) the board shall:
1422 (i) review the Utah System of Higher Education's performance in meeting the goals the
1423 board sets under Subsection (1)(a)(ii)(A);
1424 (ii) review each degree-granting institution's and each technical college's performance
1425 in meeting the goals the board sets under Subsection (1)(a)(ii)(B); and
1426 (iii) allocate any funds not allocated under Subsection 53B-7-705(6)(g) to each
1427 degree-granting institution and each technical college that meets or exceeds the goals the board
1428 sets under Subsection (1)(a)(ii)(B); and
1429 (b) the Legislature may appropriate additional funds for the board to allocate to each
1430 degree-granting institution and each technical college that meets or exceeds goals as described
1431 in Subsection (5)(a)(iii).
1432 (6) In year two or three of each five-year period for which the board sets goals under
1433 Subsection (1)(a)(ii), the following committees and the governor shall hold a joint open
1434 meeting to review the goals the board sets under Subsection (1)(a)(ii):
1435 (a) the Executive Appropriations Committee;
1436 (b) the Higher Education Appropriations Subcommittee; and
1437 (c) the Education Interim Committee.
1438 Section 28. Section 53B-8-102 is amended to read:
1439 53B-8-102. Definitions -- Resident student status -- Exceptions.
1440 (1) As used in this section:
1441 (a) "Eligible person" means an individual who is entitled to post-secondary educational
1442 benefits under Title 38 U.S.C., Veterans' Benefits.
1443 (b) "Immediate family member" means an individual's spouse or dependent child.
1444 (c) "Military service member" means an individual who:
1445 (i) is serving on active duty in the United States Armed Forces within the state of Utah;
1446 (ii) is a member of a reserve component of the United States Armed Forces assigned in
1447 Utah;
1448 (iii) is a member of the Utah National Guard; or
1449 (iv) maintains domicile in Utah, as described in Subsection (9)(a), but is assigned
1450 outside of Utah pursuant to federal permanent change of station orders.
1451 (d) "Military veteran" has the same meaning as veteran in Section 68-3-12.5.
1452 (e) "Parent" means a student's biological or adoptive parent.
1453 (2) The meaning of "resident student" is determined by reference to the general law on
1454 the subject of domicile, except as provided in this section.
1455 (3) (a) Institutions within the state system of higher education may grant resident
1456 student status to any student who has come to Utah and established residency for the purpose of
1457 attending an institution of higher education, and who, prior to registration as a resident student:
1458 (i) has maintained continuous Utah residency status for one full year;
1459 (ii) has signed a written declaration that the student has relinquished residency in any
1460 other state; and
1461 (iii) has submitted objective evidence that the student has taken overt steps to establish
1462 permanent residency in Utah and that the student does not maintain a residence elsewhere.
1463 (b) Evidence to satisfy the requirements under Subsection (3)(a)(iii) includes:
1464 (i) a Utah high school transcript issued in the past year confirming attendance at a Utah
1465 high school in the past 12 months;
1466 (ii) a Utah voter registration dated a reasonable period prior to application;
1467 (iii) a Utah driver license or identification card with an original date of issue or a
1468 renewal date several months prior to application;
1469 (iv) a Utah vehicle registration dated a reasonable period prior to application;
1470 (v) evidence of employment in Utah for a reasonable period prior to application;
1471 (vi) proof of payment of Utah resident income taxes for the previous year;
1472 (vii) a rental agreement showing the student's name and Utah address for at least 12
1473 months prior to application; and
1474 (viii) utility bills showing the student's name and Utah address for at least 12 months
1475 prior to application.
1476 (c) A student who is claimed as a dependent on the tax returns of a person who is not a
1477 resident of Utah is not eligible to apply for resident student status.
1478 (4) Except as provided in Subsection (8), an institution within the state system of
1479 higher education may establish stricter criteria for determining resident student status.
1480 (5) If an institution does not have a minimum credit-hour requirement, that institution
1481 shall honor the decision of another institution within the state system of higher education to
1482 grant a student resident student status, unless:
1483 (a) the student obtained resident student status under false pretenses; or
1484 (b) the facts existing at the time of the granting of resident student status have changed.
1485 (6) Within the limits established in Title 53B, Chapter 8, Tuition Waiver and
1486 Scholarships, each institution within the state system of higher education may, regardless of its
1487 policy on obtaining resident student status, waive nonresident tuition either in whole or in part,
1488 but not other fees.
1489 (7) In addition to the waivers of nonresident tuition under Subsection (6), each
1490 institution may, as athletic scholarships, grant full waiver of fees and nonresident tuition, up to
1491 the maximum number allowed by the appropriate athletic conference as recommended by the
1492 president of each institution.
1493 (8) Notwithstanding Subsection (3), an institution within the state system of higher
1494 education shall grant resident student status for tuition purposes to:
1495 (a) a military service member, if the military service member provides:
1496 (i) the military service member's current United States military identification card; and
1497 (ii) (A) a statement from the military service member's current commander, or
1498 equivalent, stating that the military service member is assigned in Utah; or
1499 (B) evidence that the military service member is domiciled in Utah, as described in
1500 Subsection (9)(a);
1501 (b) a military service member's immediate family member, if the military service
1502 member's immediate family member provides:
1503 (i) (A) the military service member's current United States military identification card;
1504 or
1505 (B) the immediate family member's current United States military identification card;
1506 and
1507 (ii) (A) a statement from the military service member's current commander, or
1508 equivalent, stating that the military service member is assigned in Utah; or
1509 (B) evidence that the military service member is domiciled in Utah, as described in
1510 Subsection (9)(a);
1511 (c) a military veteran, regardless of whether the military veteran served in Utah, if the
1512 military veteran provides:
1513 (i) evidence of an honorable or general discharge;
1514 (ii) a signed written declaration that the military veteran has relinquished residency in
1515 any other state and does not maintain a residence elsewhere;
1516 (iii) objective evidence that the military veteran has demonstrated an intent to establish
1517 residency in Utah, which may include any one of the following:
1518 (A) a Utah voter registration card;
1519 (B) a Utah driver license or identification card;
1520 (C) a Utah vehicle registration;
1521 (D) evidence of employment in Utah;
1522 (E) a rental agreement showing the military veteran's name and Utah address; or
1523 (F) utility bills showing the military veteran's name and Utah address;
1524 (d) a military veteran's immediate family member, regardless of whether the military
1525 veteran served in Utah, if the military veteran's immediate family member provides:
1526 (i) evidence of the military veteran's honorable or general discharge;
1527 (ii) a signed written declaration that the military veteran's immediate family member
1528 has relinquished residency in any other state and does not maintain a residence elsewhere; and
1529 (iii) objective evidence that the military veteran's immediate family member has
1530 demonstrated an intent to establish residency in Utah, which may include any one of the items
1531 described in Subsection (8)(c)(iii); [
1532 (e) a foreign service member as defined in the Foreign Service Family Act of 2021 who
1533 is either:
1534 (i) domiciled in Utah, recognizing the individual may not be physically present in the
1535 state due to an assignment; or
1536 (ii) assigned to a duty station in Utah if the foreign service member provides:
1537 (A) evidence of the foreign service member's status;
1538 (B) a statement from the foreign service member's current commander, or equivalent,
1539 stating that the foreign service member is assigned in Utah; or
1540 (C) evidence that the foreign service member is domiciled in Utah;
1541 (f) a foreign service member's immediate family member if the foreign service member
1542 is either:
1543 (i) domiciled in Utah, recognizing the individual may not be physically present in the
1544 state due to an assignment; or
1545 (ii) assigned to a duty station in Utah if the foreign service member provides:
1546 (A) evidence of the foreign service member's status;
1547 (B) a statement from the foreign service member's current commander, or equivalent,
1548 stating that the foreign service member is assigned in Utah; or
1549 (C) evidence that the foreign service member is domiciled in Utah;
1550 [
1551 (i) evidence of eligibility under Title 38 U.S.C., Veterans' Benefits;
1552 (ii) a signed written declaration that the eligible person will use the [
1553 Veteran Benefits under Title 38 U.S.C.; and
1554 (iii) objective evidence that the eligible person has demonstrated an intent to establish
1555 residency in Utah, which may include any one of the items described in Subsection
1556 (8)(c)(iii)[
1557 [
1558 (i) evidence that the alien is a special immigrant visa recipient;
1559 (ii) evidence that the alien has been granted refugee status, humanitarian parole,
1560 temporary protected status, or asylum; or
1561 (iii) evidence that the alien has submitted in good faith an application for refugee
1562 status, humanitarian parole, temporary protected status, or asylum under United States
1563 immigration law.
1564 (9) (a) The evidence described in Subsection (8)(a)(ii)(B) or (8)(b)(ii)(B) includes:
1565 (i) a current Utah voter registration card;
1566 (ii) a valid Utah driver license or identification card;
1567 (iii) a current Utah vehicle registration;
1568 (iv) a copy of a Utah income tax return, in the military service member's or military
1569 service member's spouse's name, filed as a resident in accordance with Section 59-10-502; or
1570 (v) proof that the military service member or military service member's spouse owns a
1571 home in Utah, including a property tax notice for property owned in Utah.
1572 (b) Aliens who are present in the United States on visitor, student, or other visas not
1573 listed in Subsection [
1574 country, do not have the capacity to intend to reside in Utah for an indefinite period and
1575 therefore are classified as nonresidents.
1576 (c) Aliens who have been granted or have applied for permanent resident status in the
1577 United States are classified for purposes of resident student status according to the same
1578 criteria applicable to citizens.
1579 (10) Any American Indian who is enrolled on the tribal rolls of a tribe whose
1580 reservation or trust lands lie partly or wholly within Utah or whose border is at any point
1581 contiguous with the border of Utah, and any American Indian who is a member of a federally
1582 recognized or known Utah tribe and who has graduated from a high school in Utah, is entitled
1583 to resident student status.
1584 (11) A Job Corps student is entitled to resident student status if the student:
1585 (a) is admitted as a full-time, part-time, or summer school student in a program of
1586 study leading to a degree or certificate; and
1587 (b) submits verification that the student is a current Job Corps student.
1588 (12) A person is entitled to resident student status and may immediately apply for
1589 resident student status if the person:
1590 (a) marries a Utah resident eligible to be a resident student under this section; and
1591 (b) establishes his or her domicile in Utah as demonstrated by objective evidence as
1592 provided in Subsection (3).
1593 (13) Notwithstanding Subsection (3)(c), a dependent student who has at least one
1594 parent who has been domiciled in Utah for at least 12 months prior to the student's application
1595 is entitled to resident student status.
1596 (14) (a) A person who has established domicile in Utah for full-time permanent
1597 employment may rebut the presumption of a nonresident classification by providing substantial
1598 evidence that the reason for the individual's move to Utah was, in good faith, based on an
1599 employer requested transfer to Utah, recruitment by a Utah employer, or a comparable
1600 work-related move for full-time permanent employment in Utah.
1601 (b) All relevant evidence concerning the motivation for the move shall be considered,
1602 including:
1603 (i) the person's employment and educational history;
1604 (ii) the dates when Utah employment was first considered, offered, and accepted;
1605 (iii) when the person moved to Utah;
1606 (iv) the dates when the person applied for admission, was admitted, and was enrolled
1607 as a postsecondary student;
1608 (v) whether the person applied for admission to an institution of higher education
1609 sooner than four months from the date of moving to Utah;
1610 (vi) evidence that the person is an independent person who is:
1611 (A) at least 24 years old; or
1612 (B) not claimed as a dependent on someone else's tax returns; and
1613 (vii) any other factors related to abandonment of a former domicile and establishment
1614 of a new domicile in Utah for purposes other than to attend an institution of higher education.
1615 (15) (a) A person who is in residence in Utah to participate in a United States Olympic
1616 athlete training program, at a facility in Utah, approved by the governing body for the athlete's
1617 Olympic sport, shall be entitled to resident status for tuition purposes.
1618 (b) Upon the termination of the athlete's participation in the training program, the
1619 athlete shall be subject to the same residency standards applicable to other persons under this
1620 section.
1621 (c) Time spent domiciled in Utah during the Olympic athlete training program in Utah
1622 counts for Utah residency for tuition purposes upon termination of the athlete's participation in
1623 a Utah Olympic athlete training program.
1624 (16) (a) A person who has established domicile in Utah for reasons related to divorce,
1625 the death of a spouse, or long-term health care responsibilities for an immediate family
1626 member, including the person's spouse, parent, sibling, or child, may rebut the presumption of a
1627 nonresident classification by providing substantial evidence that the reason for the individual's
1628 move to Utah was, in good faith, based on the long-term health care responsibilities.
1629 (b) All relevant evidence concerning the motivation for the move shall be considered,
1630 including:
1631 (i) the person's employment and educational history;
1632 (ii) the dates when the long-term health care responsibilities in Utah were first
1633 considered, offered, and accepted;
1634 (iii) when the person moved to Utah;
1635 (iv) the dates when the person applied for admission, was admitted, and was enrolled
1636 as a postsecondary student;
1637 (v) whether the person applied for admission to an institution of higher education
1638 sooner than four months from the date of moving to Utah;
1639 (vi) evidence that the person is an independent person who is:
1640 (A) at least 24 years old; or
1641 (B) not claimed as a dependent on someone else's tax returns; and
1642 (vii) any other factors related to abandonment of a former domicile and establishment
1643 of a new domicile in Utah for purposes other than to attend an institution of higher education.
1644 (17) A foreign service member or the foreign service member's immediate family
1645 member deemed eligible for resident student status under Subsection (8)(e) or (f) shall retain
1646 the eligibility for resident student status if the foreign service member or immediate family
1647 member maintains continuous enrollment even in the case of a change in domicile or duty
1648 station.
1649 [
1650 inconsistent with this section:
1651 (a) concerning the definition of resident and nonresident students;
1652 (b) establishing procedures for classifying and reclassifying students;
1653 (c) establishing criteria for determining and judging claims of residency or domicile;
1654 (d) establishing appeals procedures; and
1655 (e) other matters related to this section.
1656 [
1657 tuition if the student:
1658 (a) is a foreign national legally admitted to the United States;
1659 (b) attended high school in this state for three or more years; and
1660 (c) graduated from a high school in this state or received the equivalent of a high
1661 school diploma in this state.
1662 Section 29. Section 53B-8-201 is amended to read:
1663
1664 53B-8-201. Opportunity Scholarship Program.
1665 (1) As used in this section:
1666 (a) "Eligible institution" means:
1667 (i) a degree-granting institution of higher education within the state system of higher
1668 education; or
1669 (ii) a private, nonprofit college or university in the state that is accredited by the
1670 Northwest Commission on Colleges and Universities.
1671 (b) "Eligible student" means a student who:
1672 (i) applies to the board in accordance with the rules described in Subsection (5);
1673 (ii) is enrolled in an eligible institution; and
1674 (iii) meets the criteria established by the board in rules described in Subsection (5).
1675 (c) "Fee" means:
1676 (i) for an eligible institution that is a degree-granting institution, a fee approved by the
1677 board; or
1678 (ii) for an eligible institution that is a technical college, a fee approved by the eligible
1679 institution.
1680 (d) "Program" means the Opportunity Scholarship Program described in this section.
1681 (2) (a) Subject to legislative appropriations, the board shall annually distribute money
1682 for the Opportunity Scholarship Program described in this section to each eligible institution to
1683 award as Opportunity scholarships to eligible students.
1684 (b) The board shall annually determine the amount of an Opportunity scholarship based
1685 on:
1686 (i) the number of eligible students in the state; and
1687 (ii) money available for the program.
1688 (c) The board may not use more than 3% of the money appropriated to the program for
1689 administrative costs and overhead.
1690 (3) (a) Except as provided in this Subsection (3), an eligible institution shall provide to
1691 an eligible student an Opportunity scholarship in the amount determined by the board described
1692 in Subsection (2)(b).
1693 (b) For an Opportunity scholarship for which an eligible student applies on or before
1694 July 1, 2019, an eligible institution may reduce the amount of the Opportunity scholarship
1695 based on other state aid awarded to the eligible student for tuition and fees.
1696 (c) For an Opportunity scholarship for which an eligible student applies after July 1,
1697 2019:
1698 (i) an eligible institution shall reduce the amount of the Opportunity scholarship so that
1699 the total amount of state aid awarded to the eligible student, including tuition or fee waivers
1700 and the Opportunity scholarship, does not exceed the cost of the eligible student's tuition and
1701 fees; and
1702 (ii) the eligible student may only use the Opportunity scholarship for tuition and fees.
1703 (d) An institution described in Subsection (1)(a)(ii) may not award an Opportunity
1704 scholarship to an eligible student in an amount that exceeds the average total cost of tuition and
1705 fees among the eligible institutions described in Subsection (1)(a)(i).
1706 (e) If the allocation for an eligible institution described in Subsection (1)(a)(ii) is
1707 insufficient to provide the amount described in Subsection (2)(b) to each eligible student, the
1708 eligible institution may reduce the amount of an Opportunity scholarship.
1709 (4) The board may:
1710 (a) audit an eligible institution's administration of Opportunity scholarships;
1711 (b) require an eligible institution to repay to the board money distributed to the eligible
1712 institution under this section that is not provided to an eligible student as an Opportunity
1713 scholarship; and
1714 (c) require an eligible institution to enter into a written agreement with the board in
1715 which the eligible institution agrees to provide the board with access to information and data
1716 necessary for the purposes of the program.
1717 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1718 board shall make rules that establish:
1719 (a) requirements related to an eligible institution's administration of Opportunity
1720 scholarships;
1721 (b) a process for a student to apply to the board to determine the student's eligibility for
1722 an Opportunity scholarship;
1723 (c) criteria to determine a student's eligibility for an Opportunity scholarship,
1724 including:
1725 (i) minimum secondary education academic performance standards; and
1726 (ii) the completion of a Free Application for Federal Student Aid or a process approved
1727 by the board in lieu of the Free Application for Federal Student Aid;
1728 (d) a requirement for each eligible institution to annually report to the board on all
1729 Opportunity scholarships awarded by the eligible institution; and
1730 (e) a process for a student to apply to the board for an Opportunity scholarship who
1731 would have likely received the scholarship but for an irreconcilable error in the application
1732 process described in Subsection (5)(b).
1733 (6) The board shall annually report on the program to the Higher Education
1734 Appropriations Subcommittee.
1735 (7) The State Board of Education, a school district, or a public high school shall
1736 cooperate with the board and eligible institutions to facilitate the program, including by
1737 exchanging relevant data where allowed by law.
1738 Section 30. Section 53B-8a-105 is amended to read:
1739 53B-8a-105. Powers and duties of board.
1740 (1) There is created the Utah Education Savings Board of Trustees.
1741 (2) The Utah Board of Higher Education shall:
1742 (a) appoint the members of the board as follows:
1743 (i) not more than three members from the Utah Board of Higher Education; and
1744 (ii) at least four public members, each of whom possesses skills in one or more of the
1745 following:
1746 (A) investments;
1747 (B) accounting;
1748 (C) finance;
1749 (D) banking;
1750 (E) education;
1751 (F) technology; or
1752 (G) financial operations; and
1753 (b) designate a member appointed under Subsection (2)(a) as chair.
1754 (3) Each board member serves at the pleasure of the Utah Board of Higher Education.
1755 (4) The board has all powers necessary to carry out and effectuate the purposes,
1756 objectives, and provisions of this chapter pertaining to the plan.
1757 (5) The board shall act as a fiduciary of the plan with:
1758 (a) a duty of care to act solely in the best interest of the plan's account owners and
1759 beneficiaries;
1760 (b) a duty of loyalty putting the plan's interest ahead of other interests; and
1761 (c) a duty to invest with care, skill, prudence, and diligence.
1762 (6) The duties, responsibilities, funds, liabilities, and expenses of the board in oversight
1763 and governance of the plan shall be maintained separate and apart from the Utah Board of
1764 Higher Education's other duties, responsibilities, funds, liabilities, and expenses.
1765 (7) The board shall:
1766 (a) make policies governing the administration of the plan; and
1767 (b) amend policies related to board governance.
1768 (8) (a) The board may appoint advisory committees to aid the board in fulfilling its
1769 duties and responsibilities.
1770 (b) An advisory committee member may receive compensation and be reimbursed for
1771 reasonable expenses incurred in the performance of the member's official duties as determined
1772 by the board.
1773 [
1774
1775
1776 [
1777 [
1778 [
1779
1780 Section 31. Section 53B-13-103 is amended to read:
1781 53B-13-103. Powers of Utah Board of Higher Education.
1782 The [
1783 purposes of this chapter, including the following:
1784 (1) to accept gifts, grants, loans, and other aids or amounts from a person, corporation,
1785 or governmental agency;
1786 (2) to loan money to eligible borrowers to assist them in obtaining a post-high school
1787 education by attending an eligible institution, including refinancing or consolidating
1788 obligations previously incurred by eligible borrowers with other lending sources for this
1789 purpose and participating in loans to eligible borrowers for this purpose with other lending
1790 sources;
1791 (3) to acquire, purchase, or make commitments to purchase, and take assignments from
1792 lenders of obligations. No obligation is eligible for acquisition, purchase, or commitment to
1793 purchase by the board unless at or before the time of transfer to the board the lender certifies
1794 either: (a) that, under and to the extent required by rules and regulations of the board, the
1795 proceeds of sale or its equivalent shall be reinvested in other obligations under the student loan
1796 program; or (b) that the obligation was made in anticipation of its sale to the board under rules
1797 and regulations of the board promulgated under this chapter;
1798 (4) to enforce its rights under a contract or agreement including the commencement of
1799 court action;
1800 (5) to acquire, hold, and dispose of real and personal property necessary for the
1801 accomplishment of the purposes of this chapter;
1802 (6) to obtain insurance against losses which may be incurred in connection with its
1803 property, assets, activities, or the exercise of the powers granted under this chapter;
1804 (7) to borrow money and to issue its bonds and provide for the rights of bondholders
1805 and to secure the bonds by assignment, pledge, or granting a security interest in its property
1806 including all or a part of an obligation. The state is not liable for the repayment of bonds
1807 issued by the board. The bonds issued by the board are not a debt of the state, and each bond
1808 shall contain on its face a statement to this effect;
1809 (8) to invest funds not required for immediate use or disbursement as provided in the
1810 State Money Management Act;
1811 (9) subject to a contract with the holders of its bonds, an applicable bond resolution, or
1812 a contract with the recipient of a loan, to consent to the modification, with respect to security,
1813 rate of interest, time of payment of interest or principal, or other term of a bond contract or
1814 agreement between the board and a recipient of a loan, bondholder, or agency or institution
1815 guaranteeing the repayment of an obligation;
1816 (10) to engage and [
1817 consultants to render and perform professional and technical duties, assistance, and advice in
1818 carrying out the purposes of this chapter, to describe their duties, and to fix the amount and
1819 source of their compensation;
1820 (11) to make rules and regulations governing the activities authorized under this
1821 chapter;
1822 (12) to solicit grants and contributions from the public or from any government or
1823 governmental agency and to arrange for the guaranteeing of the repayment of obligations by
1824 other agencies of this state or the United States;
1825 (13) to collect fees and charges in connection with its loans, commitments, and
1826 servicing, including reimbursement of the costs of financing, service charges, and insurance
1827 premiums which are determined as reasonable and are approved by the board;
1828 (14) to sell obligations held by the board at such prices and at such times as it may
1829 determine, when that sale would not impair the rights or interests of holders of bonds issued by
1830 the board; and
1831 (15) to participate in federal programs supporting loans to eligible borrowers and to
1832 agree to, and comply with, the conditions of those programs.
1833 Section 32. Section 53B-16-102 is amended to read:
1834 53B-16-102. Changes in curriculum -- Substantial alterations in institutional
1835 operations -- Program approval -- Periodic review of programs -- Career and technical
1836 education curriculum changes.
1837 (1) As used in this section:
1838 (a) "Institution of higher education" means an institution described in Section
1839 53B-1-102.
1840 (b) "Program of instruction" means a program of curriculum that leads to the
1841 completion of a degree, diploma, certificate, or other credential.
1842 (2) (a) Under procedures and policies approved by the board and developed in
1843 consultation with each institution of higher education, each institution of higher education may
1844 make such changes in the institution of higher education's curriculum as necessary to better
1845 effectuate the institution of higher education's primary role[
1846 (b) subject to Subsection (2)(a), an institution of higher education's faculty shall
1847 establish and have primary responsibility for the curriculum of a course within a program of
1848 instruction at the institution.
1849 (3) The board shall establish criteria for whether an institution of higher education may
1850 approve a new program of instruction, including criteria related to whether:
1851 (a) the program of instruction meets identified workforce needs;
1852 (b) the institution of higher education is maximizing collaboration with other
1853 institutions of higher education to provide for efficiency in offering the program of instruction;
1854 (c) the new program of instruction is within the institution of higher education's
1855 mission and role; and
1856 (d) the new program of instruction meets other criteria determined by the board.
1857 (4) (a) Except as [
1858 board policy permits, an institution of higher education may not[
1859 [
1860 [
1861 (b) [
1862 the institution of higher education's board of trustees, establish a new program of instruction
1863 that meets the criteria described in Subsection (3), subject to board review for pathway
1864 articulation.
1865 (5) (a) An institution of higher education shall notify the board of a proposed new
1866 program of instruction, including how the proposed new program of instruction meets the
1867 criteria described in Subsection (3).
1868 (b) The board shall establish procedures and guidelines for institutional boards of
1869 trustees to consider an institutional proposal for a new program of instruction described in
1870 Subsection (4)(b).
1871 (6) The president of an institution of higher education may discontinue a program of
1872 instruction in accordance with criteria that the president and the institution of higher
1873 education's board of trustees establish.
1874 [
1875 instruction, including those funded by gifts, grants, and contracts, no later than two years after
1876 the first cohort to begin the program of instruction completes the program of instruction.
1877 (b) The board may conduct a periodic review of any program of instruction at an
1878 institution of higher education, including a program of instruction funded by a gift, grant, or
1879 contract.
1880 (c) The board shall conduct:
1881 (i) at least once every seven years, at least one review described in Subsection [
1882 (7)(b) of each program of instruction at each institution; and
1883 (ii) annually, a qualitative and quantitative review of academic disciplines across the
1884 system, including enrollment, graduation rates, and workforce placement, ensuring that the
1885 board conducts a review of all disciplines within the system at least once every seven years.
1886 (d) Following a review described in this Subsection [
1887 relevant institution of higher education an opportunity to respond to the board's review of a
1888 given program of instruction, the board may modify, consolidate, or terminate the program of
1889 instruction.
1890 [
1891 changes, the board shall coordinate on behalf of the boards of trustees of higher education
1892 institutions a review of the proposed changes by the State Board of Education to ensure an
1893 orderly and systematic career and technical education curriculum that eliminates overlap and
1894 duplication of course work with high schools and technical colleges.
1895 (9) The board shall demonstrate compliance with Subsection (7) by:
1896 (a) creating a list of programs and corresponding review schedules;
1897 (b) upon request of the Higher Education Appropriations Subcommittee, providing the
1898 list described in Subsection (9)(a); and
1899 (c) providing a written report on or before October 1 to the Higher Education
1900 Appropriations Subcommittee of each year regarding relevant findings from the reviews
1901 conducted under Subsection (7).
1902 (10) On or before October 1, 2026, if the Higher Education Appropriations
1903 Subcommittee finds the board to be out of compliance with Subsection (9), the Legislature
1904 shall:
1905 (a) deduct 10% of the appropriation described in Section 53B-7-703 for the following
1906 fiscal year; and
1907 (b) deduct an additional 10% of the appropriation described in Section 53B-7-703 for
1908 each subsequent year of noncompliance up to a maximum deduction of 30%.
1909 Section 33. Section 53B-17-1203 is amended to read:
1910 53B-17-1203. SafeUT and School Safety Commission established -- Members.
1911 (1) There is created the SafeUT and School Safety Commission composed of the
1912 following members:
1913 (a) one member who represents the Office of the Attorney General, [
1914 whom the attorney general appoints;
1915 (b) one member who represents the Utah public education system, [
1916 whom the State Board of Education appoints;
1917 (c) [
1918 designee of the Utah Board of Higher Education, whom the commissioner selects under
1919 direction of the board;
1920 (d) one member who represents the Department of Health and Human Services,
1921 [
1922 appoints;
1923 (e) one member of the House of Representatives, [
1924 the House of Representatives appoints;
1925 (f) one member of the Senate, [
1926 appoints;
1927 (g) one member who represents the University Neuropsychiatric Institute, [
1928
1929 (h) one member who represents law enforcement who has extensive experience in
1930 emergency response, [
1931 (i) one member who represents the Department of Health and Human Services who has
1932 experience in youth services or treatment services, [
1933 of the Department of Health and Human Services appoints; and
1934 (j) two members of the public, [
1935 appoints.
1936 (2) (a) Except as provided in Subsection (2)(b), members of the commission shall be
1937 appointed to four-year terms.
1938 (b) The length of the terms of the members shall be staggered so that approximately
1939 half of the committee is appointed every two years.
1940 (c) When a vacancy occurs in the membership of the commission, the replacement
1941 shall be appointed for the unexpired term.
1942 (3) (a) The attorney general's designee shall serve as chair of the commission.
1943 (b) The chair shall set the agenda for commission meetings.
1944 (4) Attendance of a simple majority of the members constitutes a quorum for the
1945 transaction of official commission business.
1946 (5) Formal action by the commission requires a majority vote of a quorum.
1947 (6) (a) Except as provided in Subsection (6)(b), a member may not receive
1948 compensation, benefits, per diem, or travel expenses for the member's service.
1949 (b) Compensation and expenses of a member who is a legislator are governed by
1950 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
1951 (7) The Office of the Attorney General shall provide staff support to the commission.
1952 Section 34. Section 53B-22-102 is amended to read:
1953 53B-22-102. Utah State University revenue bonds -- Student family housing and
1954 Human Resource Research Center.
1955 (1) The [
1956 behalf of Utah State University, may issue, sell, and deliver revenue bonds or other evidences
1957 of indebtedness of Utah State University to borrow money on the credit of the income and
1958 revenues of Utah State University, other than appropriations of the Legislature, to finance the
1959 cost of constructing, furnishing, and equipping a student family housing project and a Human
1960 Resource Research Center.
1961 (2) The bonds or other evidences of indebtedness authorized by this section may not
1962 exceed $6,600,000 for the student family housing project and $6,000,000 for the Human
1963 Resource Research Center, and shall be issued in accordance with Title 53B, Chapter 21,
1964 Revenue Bonds, under such terms and conditions and in such amounts as the board, by
1965 resolution, determines are reasonable and necessary.
1966 Section 35. Section 53B-22-103 is amended to read:
1967 53B-22-103. Weber State University revenue bonds -- Student services building.
1968 (1) The [
1969 behalf of Weber State University, may issue, sell, and deliver revenue bonds or other evidences
1970 of indebtedness of Weber State University to borrow money on the credit of the income and
1971 revenues of Weber State University, other than appropriations of the Legislature, to finance the
1972 partial cost of constructing, furnishing, and equipping a student services building.
1973 (2) The bonds or other evidences of indebtedness authorized by this section may not
1974 exceed $5,800,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue
1975 Bonds, under such terms and conditions and in such amounts as the board, by resolution,
1976 determines are reasonable and necessary.
1977 Section 36. Section 53B-22-104 is amended to read:
1978 53B-22-104. Southern Utah University revenue bonds -- Student housing and
1979 student center addition.
1980 (1) The [
1981 behalf of Southern Utah University, may issue, sell, and deliver revenue bonds or other
1982 evidences of indebtedness of Southern Utah University to borrow money on the credit of the
1983 income and revenues of Southern Utah University, other than appropriations of the Legislature,
1984 to finance the cost of constructing, furnishing, and equipping a student housing project and a
1985 student center addition.
1986 (2) The bonds or other evidences of indebtedness authorized by this section may not
1987 exceed $6,000,000 for the student housing project and $5,500,000 for the student center
1988 addition and shall be issued in accordance with Title 53B, Chapter 21, Revenue Bonds, under
1989 terms and conditions and in amounts that the board, by resolution, determines are reasonable
1990 and necessary.
1991 Section 37. Section 53B-22-105 is amended to read:
1992 53B-22-105. Utah Tech University revenue bonds -- Student center building.
1993 (1) The [
1994 behalf of [
1995 other evidences of indebtedness of [
1996 the credit of the income and revenues of [
1997 appropriations of the Legislature, to finance the partial cost of constructing, furnishing, and
1998 equipping a student center building.
1999 (2) The bonds or other evidences of indebtedness authorized by this section may not
2000 exceed $3,100,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue
2001 Bonds, under such terms and conditions and in such amounts as the board, by resolution,
2002 determines are reasonable and necessary.
2003 Section 38. Section 53B-22-106 is amended to read:
2004 53B-22-106. Utah Valley University revenue bonds -- Student center addition.
2005 (1) The [
2006 behalf of Utah Valley [
2007 other evidences of indebtedness of Utah Valley State College to borrow money on the credit of
2008 the income and revenues of Utah Valley State College, other than appropriations of the
2009 Legislature, to finance the cost of constructing, furnishing, and equipping a student center
2010 addition.
2011 (2) The bonds or other evidences of indebtedness authorized by this section may not
2012 exceed $13,500,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue
2013 Bonds, under such terms and conditions and in such amounts as the board, by resolution,
2014 determines are reasonable and necessary.
2015 Section 39. Section 53B-22-107 is amended to read:
2016 53B-22-107. Salt Lake Community College revenue bonds -- Classroom/physical
2017 education facility.
2018 (1) The [
2019 behalf of Salt Lake Community College, may issue, sell, and deliver revenue bonds or other
2020 evidences of indebtedness of Salt Lake Community College to borrow money on the credit of
2021 the income and revenues of Salt Lake Community College, other than appropriations of the
2022 Legislature, to finance the partial cost of constructing, furnishing, and equipping a
2023 classroom/physical education facility.
2024 (2) The bonds or other evidences of indebtedness authorized by this section may not
2025 exceed $5,500,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue
2026 Bonds, under such terms and conditions and in such amounts as the board, by resolution,
2027 determines are reasonable and necessary.
2028 Section 40. Section 53B-22-109 is amended to read:
2029 53B-22-109. Salt Lake Community College revenue bonds -- Science/major
2030 industry building.
2031 (1) The [
2032 behalf of Salt Lake Community College, may issue, sell, and deliver revenue bonds or other
2033 evidences of indebtedness of Salt Lake Community College to borrow money on the credit of
2034 the income and revenues of Salt Lake Community College, other than appropriations of the
2035 Legislature, to finance the partial cost of constructing, furnishing, and equipping a
2036 science/major industry building.
2037 (2) The bonds or other evidences of indebtedness authorized by this section may not
2038 exceed $5,150,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue
2039 Bonds, under terms and conditions and in amounts that the board, by resolution, determines are
2040 reasonable and necessary.
2041 Section 41. Section 53B-22-111 is amended to read:
2042 53B-22-111. Southern Utah University revenue bonds -- Stadium expansion.
2043 (1) The [
2044 behalf of Southern Utah University, may issue, sell, and deliver revenue bonds or other
2045 evidences of indebtedness of Southern Utah University to borrow money on the credit of the
2046 income and revenues of Southern Utah University, other than appropriations of the Legislature,
2047 to finance the phased expansion of the stadium at the university.
2048 (2) The bonds or other evidences of indebtedness authorized by this section may not
2049 exceed $5,500,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue
2050 Bonds, under terms and conditions and in amounts that the board, by resolution, determines are
2051 reasonable and necessary.
2052 Section 42. Section 53B-22-112 is amended to read:
2053 53B-22-112. University of Utah revenue bonds -- Biology research building.
2054 (1) The [
2055 behalf of the University of Utah, may issue, sell, and deliver revenue bonds or other evidences
2056 of indebtedness of the University of Utah to borrow money on the credit of the income and
2057 revenues of the University of Utah, other than appropriations of the Legislature, to finance the
2058 partial cost of constructing, furnishing, and equipping a biology research building.
2059 (2) The bonds or other evidences of indebtedness authorized by this section may not
2060 exceed $21,050,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue
2061 Bonds, under terms and conditions and in amounts that the board, by resolution, determines are
2062 reasonable and necessary.
2063 Section 43. Section 53B-22-113 is amended to read:
2064 53B-22-113. University of Utah revenue bonds -- Robert L. Rice Stadium
2065 renovation and expansion.
2066 (1) The [
2067 behalf of the University of Utah, may issue, sell, and deliver revenue bonds or other evidences
2068 of indebtedness of the University of Utah to borrow money on the credit of the income and
2069 revenues of the University of Utah, other than appropriations of the Legislature, to finance the
2070 partial cost of constructing, furnishing, and equipping a renovation and expansion of the Robert
2071 L. Rice Stadium.
2072 (2) The bonds or other evidences of indebtedness authorized by this section may not
2073 exceed $12,000,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue
2074 Bonds, under terms and conditions and in amounts that the board, by resolution, determines are
2075 reasonable and necessary.
2076 Section 44. Section 53B-22-114 is amended to read:
2077 53B-22-114. Utah State University Eastern revenue bonds -- Student center.
2078 (1) The [
2079 behalf of the [
2080 revenue bonds or other evidences of indebtedness of the College of Eastern Utah to borrow
2081 money on the credit of the income and revenues of the College of Eastern Utah, other than
2082 appropriations of the Legislature, to finance the partial cost of constructing, furnishing, and
2083 equipping a student center.
2084 (2) The bonds or other evidences of indebtedness authorized by this section may not
2085 exceed $3,300,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue
2086 Bonds, under terms and conditions and in amounts that the board, by resolution, determines are
2087 reasonable and necessary.
2088 Section 45. Section 53B-22-204 is amended to read:
2089 53B-22-204. Funding request for capital development project -- Legislative
2090 approval -- Board prioritization, approval, and review.
2091 (1) In accordance with this section, an institution is required to receive legislative
2092 approval in an appropriations act for a dedicated project or a nondedicated project.
2093 (2) An institution shall submit to the board a proposal for a funding request for each
2094 dedicated project or nondedicated project for which the institution seeks legislative approval.
2095 (3) The board shall:
2096 (a) review each proposal submitted under Subsection (2) to ensure the proposal:
2097 (i) is cost effective and an efficient use of resources;
2098 (ii) is consistent with the institution's mission and master plan; and
2099 (iii) fulfills a critical institutional facility need;
2100 (b) based on the results of the board's review under Subsection (3)(a), create:
2101 (i) a list of approved dedicated projects; and
2102 (ii) a list of approved nondedicated projects, prioritized in accordance with Subsection
2103 (5); and
2104 (c) submit the lists described in Subsection (3)(b) to:
2105 (i) the governor;
2106 (ii) the Infrastructure and General Government Appropriations Subcommittee;
2107 (iii) the Higher Education Appropriations Subcommittee; and
2108 (iv) the Division of Facilities Construction and Management for a:
2109 (A) recommendation, for the list described in Subsection (3)(b)(i); or
2110 (B) recommendation and prioritization, for the list described in Subsection (3)(b)(ii).
2111 (4) A dedicated project:
2112 (a) is subject to the recommendation of the Division of Facilities Construction and
2113 Management as described in Section 63A-5b-403; and
2114 (b) is not subject to the prioritization of the Division of Facilities Construction and
2115 Management as described in Section 63A-5b-403.
2116 (5) (a) Subject to Subsection (6), the board shall prioritize institution requests for
2117 funding for nondedicated projects based on:
2118 (i) capital facility need;
2119 (ii) utilization of facilities;
2120 (iii) maintenance and condition of facilities; and
2121 (iv) any other factor determined by the board.
2122 (b) On or before August 1, 2019, the board shall establish how the board will prioritize
2123 institution requests for funding for nondedicated projects, including:
2124 (i) how the board will measure each factor described in Subsection (5)(a); and
2125 (ii) procedures for prioritizing requests.
2126 (6) (a) Subject to Subsection (6)(b), and in accordance with Subsection (5), the board
2127 may annually prioritize:
2128 (i) up to three nondedicated projects if the ongoing appropriation to the fund is less
2129 than $50,000,000;
2130 (ii) up to two nondedicated projects if the ongoing appropriation to the fund is at least
2131 $50,000,000 but less than $100,000,000; or
2132 (iii) one nondedicated project if the ongoing appropriation to the fund is at least
2133 $100,000,000.
2134 (b) For each calendar year beginning on or after January 1, 2020, the dollar amounts
2135 described in Subsection (6)(a) shall be adjusted by an amount equal to the percentage
2136 difference between:
2137 (i) the Consumer Price Index for the 2019 calendar year; and
2138 (ii) the Consumer Price Index for the previous calendar year.
2139 (7) (a) An institution may request operations and maintenance funds for a capital
2140 development project approved under this section.
2141 (b) An institution shall make the request described in Subsection (7)(a) at the same
2142 time the institution submits the proposal described in Subsection (2).
2143 [
2144 (7)(a).
2145 (8) After an institution completes a capital development project described in this
2146 section, the board shall review the capital development project, including the costs and design
2147 of the capital development project.
2148 Section 46. Section 53B-23-106 is amended to read:
2149 53B-23-106. Institution to make policy.
2150 (1) As used in this section, "institution" means an institution listed in Section
2151 53B-1-102.
2152 (2) [
2153
2154 implementation and administration of the institution, including [
2155 [
2156 success";
2157 [
2158 nonprinted materials pursuant to Section 53B-23-103 and the conversion of mathematics and
2159 science materials pursuant to Section 53B-23-102; and
2160 [
2161 pursuant to Section 53B-23-103.
2162 Section 47. Section 53B-27-405 is amended to read:
2163 53B-27-405. Student religious accommodations.
2164 (1) An institution shall:
2165 (a) reasonably accommodate a student's absence from an examination or other
2166 academic requirement under the circumstances described in Subsection (2) for reasons of:
2167 (i) the student's faith or conscience; or
2168 (ii) the student's participation in an organized activity conducted under the auspices of
2169 the student's religious tradition or religious organization; and
2170 (b) ensure that an accommodation described in Subsection (1)(a) does not adversely
2171 impact the student's academic opportunities.
2172 (2) An institution shall make an accommodation described in Subsection (1) if:
2173 (a) the time at which an examination or academic requirement is scheduled to occur
2174 creates an undue hardship for a student due to the student's sincerely held religious belief; and
2175 (b) the student provides a written notice to the instructor of the course for which the
2176 student seeks the accommodation regarding the date of the examination or academic
2177 requirement for which the student seeks the accommodation.
2178 (3) [
2179 described in Subsection (1) that:
2180 (a) require [
2181 student participates in examinations and other academic requirements;
2182 (b) allow an instructor who receives a notice described in Subsection (2)(b) to:
2183 (i) schedule an alternative examination time before or after the regularly scheduled
2184 examination; or
2185 (ii) make accommodations for other academic requirements related to the
2186 accommodation; and
2187 (c) require an instructor who receives a notice described in Subsection (2)(b) to keep
2188 confidential a student's request for the accommodation.
2189 (4) (a) The [
2190 (i) create a list of the dates of religious holidays for the following two years; and
2191 (ii) distribute the list described in Subsection (4)(a) to an institution.
2192 (b) The creation and distribution of the list described in Subsection (4)(a) does not
2193 prohibit a student from seeking, or an institution from granting, an accommodation for a date
2194 of a religious holiday that is not included on that list.
2195 (5) An institution shall:
2196 (a) designate a point of contact for information about an accommodation described in
2197 Subsection (1);
2198 (b) establish a process by which a student may submit a grievance with regards to
2199 implementation of this section; and
2200 (c) publish the following information on the institution's website and update the
2201 information annually:
2202 (i) the [
2203 (3);
2204 (ii) the point of contact described in Subsection (5)(a);
2205 (iii) the list described in Subsection (4);
2206 (iv) a description of the general procedure to request an accommodation described in
2207 Subsection (1); and
2208 (v) the grievance process described in Subsection (5)(b).
2209 Section 48. Section 53B-28-401 is amended to read:
2210 53B-28-401. Campus safety plans and training -- Institution duties -- Governing
2211 board duties.
2212 (1) As used in this section:
2213 (a) "Covered offense" means:
2214 (i) sexual assault;
2215 (ii) domestic violence;
2216 (iii) dating violence; or
2217 (iv) stalking.
2218 (b) "Institution" means an institution of higher education described in Section
2219 53B-1-102.
2220 (c) "Student organization" means a club, group, sports team, fraternity or sorority, or
2221 other organization:
2222 (i) of which the majority of members is composed of students enrolled in an institution;
2223 and
2224 (ii) (A) that is officially recognized by the institution; or
2225 (B) seeks to be officially recognized by the institution.
2226 (2) An institution shall develop a campus safety plan that addresses:
2227 (a) where an individual can locate the institution's policies and publications related to a
2228 covered offense;
2229 (b) institution and community resources for a victim of a covered offense;
2230 (c) the rights of a victim of a covered offense, including the measures the institution
2231 takes to ensure, unless otherwise provided by law, victim confidentiality throughout all steps in
2232 the reporting and response to a covered offense;
2233 (d) how the institution informs the campus community of a crime that presents a threat
2234 to the campus community;
2235 (e) availability, locations, and methods for requesting assistance of security personnel
2236 on the institution's campus;
2237 (f) guidance on how a student may contact law enforcement for incidents that occur off
2238 campus;
2239 (g) institution efforts related to increasing campus safety, including efforts related to
2240 the institution's increased response in providing services to victims of a covered offense, that:
2241 (i) the institution made in the preceding 18 months; and
2242 (ii) the institution expects to make in the upcoming 24 months;
2243 (h) coordination and communication between institution resources and organizations,
2244 including campus law enforcement;
2245 (i) institution coordination with local law enforcement or community resources,
2246 including coordination related to a student's safety at an off-campus location; and
2247 (j) how the institution requires a student organization to provide the campus safety
2248 training as described in Subsection (5).
2249 (3) An institution shall:
2250 (a) prominently post the institution's campus safety plan on the institution's website and
2251 each of the institution's campuses; and
2252 (b) annually update the institution's campus safety plan.
2253 (4) An institution shall develop a campus safety training curriculum that addresses:
2254 (a) awareness and prevention of covered offenses, including information on institution
2255 and community resources for a victim of a covered offense;
2256 (b) bystander intervention; and
2257 (c) sexual consent.
2258 (5) An institution shall require a student organization, in order for the student
2259 organization to receive or maintain official recognition by the institution, to annually provide
2260 campus safety training, using the curriculum described in Subsection (4), to the student
2261 organization's members.
2262 [
2263
2264
2265
2266
2267 (6) An institution shall report annually to the Education Interim Committee and the
2268 Law Enforcement and Criminal Justice Interim Committee, at or before the committees'
2269 November meetings, on[
2270
2271 53B-28-403(2).
2272 Section 49. Section 53B-28-502 is amended to read:
2273 53B-28-502. State student data protection governance.
2274 (1) The state privacy officer shall establish a higher education privacy advisory group
2275 to advise institutions and institution boards of trustees on student data protection.
2276 (2) The advisory group shall consist of:
2277 (a) the state privacy officer;
2278 (b) the higher education privacy officer; and
2279 (c) the following members, appointed by the commissioner [
2280 (i) at least one Utah [
2281 employee; and
2282 (ii) at least one representative of the Utah Board of Higher Education.
2283 (3) The advisory group shall:
2284 (a) discuss and make recommendations to the board and institutions regarding:
2285 (i) existing and proposed:
2286 (A) board rules; or
2287 (B) board policies of the Utah Board of Higher Education or institutions; and
2288 (ii) training on protecting student data privacy; and
2289 (b) perform other tasks related to student data protection as designated by the Utah
2290 Board of Higher Education.
2291 (4) The higher education privacy officer shall:
2292 (a) provide training and support to institution boards and employees; and
2293 (b) produce:
2294 (i) resource materials;
2295 (ii) model data governance plans;
2296 (iii) model forms for institution student data protection governance; and
2297 (iv) a model data collection notice.
2298 (5) The board shall:
2299 (a) (i) create and maintain a data governance plan; and
2300 (ii) annually publish the data governance plan on the Utah System of Higher Education
2301 website; and
2302 (b) establish standards for:
2303 (i) institution policies to protect student data;
2304 (ii) institution data governance plans; and
2305 (iii) a third-party contractor's use of student data.
2306 Section 50. Section 53B-33-202 is amended to read:
2307 53B-33-202. Utah Data Research Advisory Board -- Composition -- Appointment.
2308 (1) There is created the Utah Data Research Advisory Board.
2309 (2) The advisory board is composed of the following members:
2310 (a) the state superintendent of the State Board of Education or the state superintendent's
2311 designee;
2312 (b) the commissioner or the commissioner's designee;
2313 (c) the executive director of the Department of Workforce Services or the executive
2314 director's designee;
2315 (d) the executive director of the Department of Health and Human Services or the
2316 executive director's designee; and
2317 (e) the executive director of the Department of Commerce or the executive director's
2318 designee.
2319 (3) The commissioner or the commissioner's designee shall serve as chair.
2320 (4) A member of the advisory board:
2321 (a) except to the extent a member's service on the advisory board is related to the
2322 member's duties outside of the advisory board, may not receive compensation or benefits for
2323 the member's service; and
2324 (b) may receive per diem and travel expenses in accordance with:
2325 (i) Section 63A-3-106;
2326 (ii) Section 63A-3-107; and
2327 (iii) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
2328 Section 51. Section 53B-34-110 is enacted to read:
2329 53B-34-110. Talent advisory councils.
2330 (1) As used in this section:
2331 (a) "Advisory council" means an advisory council the talent board creates under
2332 Subsection (10).
2333 (b) "Institution of higher education" means the same as the term is defined in Section
2334 53B-1-102.
2335 (c) "Talent initiative" means an initiative the board creates under Subsection (2).
2336 (2) (a) Subject to legislative appropriations and in accordance with the proposal
2337 process and other provisions of this section, the board shall develop and oversee one or more
2338 talent initiatives that include providing funding for expanded programs at an institution of
2339 higher education related to the talent initiative.
2340 (b) The board shall ensure that a talent initiative the board creates:
2341 (i) uses a name for the talent initiative that reflects the area the initiative is targeting;
2342 (ii) contains an outline of the disciplines, industries, degrees, certifications, credentials,
2343 and types of skills the talent initiative will target; and
2344 (iii) uses a corresponding advisory council created in Subsection (10).
2345 (3) In creating a talent initiative, the board shall facilitate collaborations between an
2346 institution of higher education and participating employers that:
2347 (a) create expanded, multidisciplinary programs or stackable credential programs
2348 offered at a technical college, undergraduate, or graduate level of study; and
2349 (b) prepare students to be workforce participants in jobs requiring skills related to a
2350 talent initiative.
2351 (4) (a) An institution of higher education seeking to partner with one or more
2352 participating employers to create a program related to a talent initiative shall submit a proposal
2353 to the talent board through a process the talent board creates.
2354 (b) An institution of higher education shall submit a proposal that contains:
2355 (i) a description of the proposed program including:
2356 (A) implementation timelines for the program;
2357 (B) a demonstration of how the program will be responsive to the talent needs related
2358 to the talent initiative;
2359 (C) an outline of relevant industry involvement that includes at least one participating
2360 employer that partners with the institution of higher education; and
2361 (D) an explanation of how the program addresses an unmet regional workforce need
2362 related to a talent initiative;
2363 (ii) an estimate of:
2364 (A) projected student enrollment and completion rates for a program;
2365 (B) the academic credit or credentials that a program will provide; and
2366 (C) occupations for which a graduate will qualify;
2367 (iii) evidence that each participating employer is committed to participating and
2368 contributing to the program by providing any combination of:
2369 (A) instruction;
2370 (B) curriculum review;
2371 (C) feedback regarding effectiveness of program graduates as employees;
2372 (D) work-based learning opportunities; or
2373 (E) mentoring;
2374 (iv) a description of any resources a participating employer will provide within the
2375 program; and
2376 (v) the amount of funding requested for the program, including:
2377 (A) the justification for the funding; and
2378 (B) the cost per student served as estimated under Subsection (4)(b)(ii).
2379 (5) In reviewing a proposal, the talent board shall provide a proposal to the relevant
2380 advisory council described in Subsections (10) and (11).
2381 (6) The relevant advisory council shall:
2382 (a) review and prioritize each proposal the advisory council receives; and
2383 (b) recommend to the talent board whether the proposal should be funded and the
2384 funding amount based on:
2385 (i) the quality and completeness of the elements of the proposal described in
2386 Subsection (4)(b);
2387 (ii) to what extent the proposed program:
2388 (A) would expand the capacity to meet state or regional workforce needs related to the
2389 talent initiative;
2390 (B) would integrate industry-relevant competencies with disciplinary expertise;
2391 (C) would incorporate internships or significant project experiences, including
2392 team-based experiences;
2393 (D) identifies how industry professionals would participate in elements described in
2394 Subsection (4)(b)(iii); and
2395 (E) would be cost effective; and
2396 (iii) other relevant criteria as the relevant advisory council and the talent board
2397 determines.
2398 (7) The board shall review the recommendations of an advisory council and may
2399 provide funding for a program related to a talent initiative using the criteria described in
2400 Subsection (6)(b).
2401 (8) In a form that the board approves, each institution of higher education that receives
2402 funding shall annually provide written information to the board regarding the activities,
2403 successes, and challenges related to administering the program related to the talent initiative,
2404 including:
2405 (a) specific entities that received funding under this section;
2406 (b) the amount of funding provided to each entity;
2407 (c) the number of participating students in each program;
2408 (d) the number of graduates of the program;
2409 (e) the number of graduates of the program employed in jobs requiring skills related to
2410 the talent initiative; and
2411 (f) progress and achievements relevant to the implementation timeline submitted under
2412 Subsection (4)(b)(i)(A).
2413 (9) On or before October 1 of each year, the board shall provide an annual written
2414 report containing the information described in Subsection (8) to the:
2415 (a) Education Interim Committee; and
2416 (b) Higher Education Appropriations Subcommittee.
2417 (10) The talent board shall create a talent advisory council for each talent initiative
2418 created under Subsection (2) to make recommendations to the board regarding the
2419 administration of a talent initiative including:
2420 (a) a deep technology initiative;
2421 (b) a life sciences workforce initiative; and
2422 (c) health professions initiatives including a nursing initiative.
2423 (11) An advisory council shall consist of the following members:
2424 (a) four members who have extensive experience in the talent initiative's subject matter
2425 from the private sector whom the chair of the talent board appoints and the board approves;
2426 (b) a representative of the board described in Section 53B-1-402 whom the chair of the
2427 board appoints;
2428 (c) a representative of the Governor's Office of Economic Opportunity whom the
2429 executive director of the Governor's Office of Economic Opportunity appoints;
2430 (d) a representative from Talent Ready Utah;
2431 (e) one member of the Senate whom the president of the Senate appoints;
2432 (f) one member of the House of Representatives whom the speaker of the House of
2433 Representatives appoints; and
2434 (g) any other specialized industry experts whom a majority of the advisory council may
2435 invite to participate as needed as nonvoting members.
2436 (12) Talent Ready Utah shall provide staff support for an advisory council.
2437 (13) (a) Two advisory council members appointed under Subsection (11)(a) shall serve
2438 an initial term of two years.
2439 (b) Except as described in Subsection (13)(a), all other advisory council members shall
2440 serve an initial term of four years.
2441 (c) Successor advisory council members upon appointment or reappointment shall each
2442 serve a term of four years.
2443 (d) When a vacancy occurs in the membership for any reason, the initial appointing
2444 authority shall appoint a replacement for the unexpired term.
2445 (e) An advisory council member may not serve more than two consecutive terms.
2446 (14) A vote of a majority of the advisory council members constitutes an action of the
2447 advisory council.
2448 (15) The duties of the advisory council include reviewing, prioritizing, and making
2449 recommendations to the board regarding proposals for funding under the talent initiative
2450 created in accordance with Subsection (2) for which the council was created.
2451 (16) An advisory council member may not receive compensation or benefits for the
2452 member's service, but an advisory council member who is not a legislator may receive per diem
2453 and travel expenses in accordance with:
2454 (a) Sections 63A-3-106 and 63A-3-107; and
2455 (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2456 63A-3-107.
2457 (17) The board may discontinue a talent initiative and the related talent advisory
2458 council by majority vote.
2459 Section 52. Section 53E-3-505 is amended to read:
2460 53E-3-505. Financial and economic literacy education.
2461 (1) As used in this section:
2462 (a) "Financial and economic activities" include activities related to the topics listed in
2463 Subsection (1)(b).
2464 (b) "Financial and economic literacy concepts" include concepts related to the
2465 following topics:
2466 (i) basic budgeting;
2467 (ii) saving and financial investments;
2468 (iii) banking and financial services, including balancing a checkbook or a bank account
2469 and online banking services;
2470 (iv) career management, including earning an income;
2471 (v) rights and responsibilities of renting or buying a home;
2472 (vi) retirement planning;
2473 (vii) loans and borrowing money, including interest, credit card debt, predatory
2474 lending, and payday loans;
2475 (viii) insurance;
2476 (ix) federal, state, and local taxes;
2477 (x) charitable giving;
2478 (xi) identity fraud and theft;
2479 (xii) negative financial consequences of gambling;
2480 (xiii) bankruptcy;
2481 (xiv) economic systems, including a description of:
2482 (A) a command system such as socialism or communism, a market system such as
2483 capitalism, and a mixed system; and
2484 (B) historic and current examples of the effects of each economic system on economic
2485 growth;
2486 (xv) supply and demand;
2487 (xvi) monetary and fiscal policy;
2488 (xvii) effective business plan creation, including using economic analysis in creating a
2489 plan;
2490 (xviii) scarcity and choices;
2491 (xix) opportunity cost and tradeoffs;
2492 (xx) productivity;
2493 (xxi) entrepreneurism; and
2494 (xxii) economic reasoning.
2495 (c) "General financial literacy course" means the course of instruction administered by
2496 the state board under Subsection (3).
2497 (2) The state board shall:
2498 (a) more fully integrate existing and new financial and economic literacy education into
2499 instruction in kindergarten through grade 12 by:
2500 (i) coordinating financial and economic literacy instruction with existing instruction in
2501 other areas of the core standards for Utah public schools, such as mathematics and social
2502 studies;
2503 (ii) using curriculum mapping;
2504 (iii) creating training materials and staff development programs that:
2505 (A) highlight areas of potential coordination between financial and economic literacy
2506 education and other core standards for Utah public schools concepts; and
2507 (B) demonstrate specific examples of financial and economic literacy concepts as a
2508 way of teaching other core standards for Utah public schools concepts; and
2509 (iv) using appropriate financial and economic literacy assessments to improve financial
2510 and economic literacy education and, if necessary, developing assessments;
2511 (b) work with interested public, private, and nonprofit entities to:
2512 (i) identify, and make available to teachers, online resources for financial and
2513 economic literacy education, including modules with interactive activities and turnkey
2514 instructor resources;
2515 (ii) coordinate school use of existing financial and economic literacy education
2516 resources;
2517 (iii) develop simple, clear, and consistent messaging to reinforce and link existing
2518 financial literacy resources;
2519 (iv) coordinate the efforts of school, work, private, nonprofit, and other financial
2520 education providers in implementing methods of appropriately communicating to teachers,
2521 students, and parents key financial and economic literacy messages; and
2522 (v) encourage parents and students to establish higher education savings, including a
2523 Utah Educational Savings Plan account;
2524 (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2525 make rules to develop guidelines and methods for school districts and charter schools to more
2526 fully integrate financial and economic literacy education into other core standards for Utah
2527 public schools courses; and
2528 (d) in cooperation with school districts, charter schools, and interested private and
2529 nonprofit entities, provide opportunities for professional development in financial and
2530 economic literacy concepts to teachers, including:
2531 (i) a statewide learning community for financial and economic literacy;
2532 (ii) summer workshops; and
2533 (iii) online videos of experts in the field of financial and economic literacy education.
2534 (3) The state board shall:
2535 (a) administer a general financial literacy course in the same manner that the state
2536 board administers other core standards for Utah public school courses for grades 9 through 12;
2537 (b) adopt standards and objectives for the general financial literacy course that address:
2538 (i) financial and economic literacy concepts;
2539 (ii) the costs of going to college, student loans, scholarships, and the Free Application
2540 for Federal Student Aid;
2541 (iii) financial benefits of pursuing concurrent enrollment as defined in Section
2542 53E-10-301; and
2543 (iv) technology that relates to banking, savings, and financial products; and
2544 (c) (i) contract with a provider, through a request for proposals process, to develop an
2545 online, end-of-course assessment for the general financial literacy course;
2546 (ii) require a school district or charter school to administer an online, end-of-course
2547 assessment to a student who takes the general financial literacy course; and
2548 (iii) develop a plan, through the state superintendent, to analyze the results of an
2549 online, end-of-course assessment in general financial literacy that includes:
2550 (A) an analysis of assessment results by standard; and
2551 (B) average scores statewide and by school district and school.
2552 (4) (a) The state board shall establish a task force to study and make recommendations
2553 to the state board on how to improve financial and economic literacy education in the public
2554 school system.
2555 (b) The task force membership shall include representatives of:
2556 (i) the state board;
2557 (ii) school districts and charter schools;
2558 (iii) the Utah [
2559 (iv) private or public entities that teach financial education and share a commitment to
2560 empower individuals and families to achieve economic stability, opportunity, and upward
2561 mobility.
2562 (c) The state board shall convene the task force at least once every three years to
2563 review and recommend adjustments to the standards and objectives of the general financial
2564 literacy course.
2565 Section 53. Section 63G-6a-202 is amended to read:
2566 63G-6a-202. Creation of Utah State Procurement Policy Board.
2567 (1) There is created the Utah State Procurement Policy Board.
2568 (2) The board consists of up to 15 members as follows:
2569 (a) two representatives of state institutions of higher education, [
2570 the commissioner of higher education, under the direction of the Utah Board of Higher
2571 Education appoints;
2572 (b) a representative of the Department of Human Services, [
2573 executive director of that department appoints;
2574 (c) a representative of the Department of Transportation, [
2575 executive director of that department appoints;
2576 (d) two representatives of school districts, [
2577 Education appoints;
2578 (e) a representative of the Division of Facilities Construction and Management,
2579 [
2580 (f) one representative of a county, [
2581 Counties appoints;
2582 (g) one representative of a city or town, [
2583 Cities and Towns appoints;
2584 (h) two representatives of special districts or special service districts, [
2585 whom the Utah Association of Special Districts appoints;
2586 (i) the director of the Division of Technology Services or the executive director's
2587 designee;
2588 (j) the chief procurement officer or the chief procurement officer's designee; and
2589 (k) two representatives of state agencies, other than a state agency already represented
2590 on the board, [
2591 Operations, with the approval of the executive director of the state agency that employs the
2592 employee appoints.
2593 (3) Members of the board shall be knowledgeable and experienced in, and have
2594 supervisory responsibility for, procurement in their official positions.
2595 (4) A board member may serve as long as the member meets the description in
2596 Subsection (2) unless removed by the person or entity with the authority to appoint the board
2597 member.
2598 (5) (a) The board shall:
2599 (i) adopt rules of procedure for conducting its business; and
2600 (ii) elect a chair to serve for one year.
2601 (b) The chair of the board shall be selected by a majority of the members of the board
2602 and may be elected to succeeding terms.
2603 (c) The chief procurement officer shall designate an employee of the division to serve
2604 as the nonvoting secretary to the policy board.
2605 (6) A member of the board may not receive compensation or benefits for the member's
2606 service, but may receive per diem and travel expenses in accordance with:
2607 (a) Section 63A-3-106;
2608 (b) Section 63A-3-107; and
2609 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2610 63A-3-107.
2611 Section 54. Repealer.
2612 This bill repeals:
2613 Section 53B-6-105.7, Initiative student scholarship program.
2614 Section 53B-26-201, Definitions.
2615 Section 53B-26-202, Nursing initiative -- Reporting requirements -- Proposals --
2616 Funding.
2617 Section 53B-26-301, Definitions.
2618 Section 53B-26-302, Deep technology initiative.
2619 Section 53B-26-303, Deep Technology Talent Advisory Council.
2620 Section 55. FY 2025 Appropriation.
2621 The following sums of money are appropriated for the fiscal year beginning July 1,
2622 2024, and ending June 30, 2025. These are additions to amounts previously appropriated for
2623 fiscal year 2025.
2624 Subsection 55(a). Operating and Capital Budgets.
2625 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
2626 Legislature appropriates the following sums of money from the funds or accounts indicated for
2627 the use and support of the government of the state of Utah.
2628
ITEM 1
To University of Utah - Education and General| 2629 | From Income Tax Fund Restricted - Performance Funding Rest. Acct. | $3,404,600 | |||
| 2630 | Schedule of Programs: | ||||
| 2631 | Instruction | $3,404,600 | |||
TEM 2
To Utah State University - USU - Eastern Career and Technical Education| 2633 | From Income Tax Fund Restricted - Performance Funding Rest. Acct. | $59,600 | |||
| 2634 | Schedule of Programs: | ||||
| 2635 | Instruction | $59,600 | |||
TEM 3
To Utah State University - Education and General| 2637 | From Income Tax Fund Restricted - Performance Funding Rest. Acct. | $989,200 | |||
| 2638 | Schedule of Programs: | ||||
| 2639 | Instruction | $989,200 | |||
TEM 4
To Weber State University - Education and General| 2641 | From Income Tax Fund Restricted - Performance Funding Rest. Acct. | $834,300 | |||
| 2642 | Schedule of Programs: | ||||
| 2643 | Instruction | $834,300 | |||
TEM 5
To Southern Utah University - Education and General| 2645 | From Income Tax Fund Restricted - Performance Funding Rest. Acct. | $699,600 | |||
| 2646 | Schedule of Programs: | ||||
| 2647 | Instruction | $699,600 | |||
TEM 6
To Utah Valley University - Education and General| 2649 | From Income Tax Fund Restricted - Performance Funding Rest. Acct. | $829,100 | |||
| 2650 | Schedule of Programs: | ||||
| 2651 | Instruction | $829,100 | |||
TEM 7
To Snow College - Education and General| 2653 | From Income Tax Fund Restricted - Performance Funding Rest. Acct. | $303,000 | |||
| 2654 | Schedule of Programs: | ||||
| 2655 | Instruction | $303,000 | |||
TEM 8
To Snow College - Career and Technical Education| 2657 | From Income Tax Fund Restricted - Performance Funding Rest. Acct. | $93,600 | |||
| 2658 | Schedule of Programs: | ||||
| 2659 | Instruction | $93,600 | |||
TEM 9
To Utah Tech University - Education and General| 2661 | From Income Tax Fund Restricted - Performance Funding Rest. Acct. | $279,500 | |||
| 2662 | Schedule of Programs: | ||||
| 2663 | Instruction | $279,500 | |||
TEM 10
To Salt Lake Community College - Education and General| 2665 | From Income Tax Fund Restricted - Performance Funding Rest. Acct. | $471,300 | |||
| 2666 | Schedule of Programs: | ||||
| 2667 | Instruction | $471,300 | |||
2668
ITEM 11
To Salt Lake Community College - Career and Technical Education| 2669 | From Income Tax Fund Restricted - Performance Funding Rest. Acct. | $68,200 | |||
| 2670 | Schedule of Programs: | ||||
| 2671 | Instruction | $68,200 | |||
TEM 12
To Bridgerland Technical College - Education and General| 2673 | From Income Tax Fund Restricted - Performance Funding Rest. Acct. | $336,000 | |||
| 2674 | Schedule of Programs: | ||||
| 2675 | Instruction | $336,000 | |||
TEM 13
To Davis Technical College - Education and General| 2677 | From Income Tax Fund Restricted - Performance Funding Rest. Acct. | $234,600 | |||
| 2678 | Schedule of Programs: | ||||
| 2679 | Instruction | $234,600 | |||
TEM 14
To Dixie Technical College - Education and General| 2681 | From Income Tax Fund Restricted - Performance Funding Rest. Acct. | $255,800 | |||
| 2682 | Schedule of Programs: | ||||
| 2683 | Instruction | $255,800 | |||
TEM 15
To Mountainland Technical College - Education and General| 2685 | From Income Tax Fund Restricted - Performance Funding Rest. Acct. | $198,100 | |||
| 2686 | Schedule of Programs: | ||||
| 2687 | Instruction | $198,100 | |||
TEM 16
To Ogden-Weber Technical College - Education and General| 2689 | From Income Tax Fund Restricted - Performance Funding Rest. Acct. | $402,100 | |||
| 2690 | Schedule of Programs: | ||||
| 2691 | Instruction | $402,100 | |||
TEM 17
To Southwest Technical College - Education and General| 2693 | From Income Tax Fund Restricted - Performance Funding Rest. Acct. | $61,200 | |||
| 2694 | Schedule of Programs: | ||||
| 2695 | Instruction | $61,200 | |||
TEM 18
To Tooele Technical College - Education and General| 2697 | From Income Tax Fund Restricted - Performance Funding Rest. Acct. | $53,400 | |||
| 2698 | Schedule of Programs: | ||||
| 2699 | Instruction | $53,400 | |||
TEM 19
To Uintah Basin Technical College - Education and General| 2701 | From Income Tax Fund Restricted - Performance Funding Rest. Acct. | $137,200 | |||
| 2702 | Schedule of Programs: | ||||
| 2703 | Instruction | $137,200 | |||
2705 The Legislature authorizes the State Division of Finance to transfer the following
2706 amounts between the following funds or accounts as indicated. Expenditures and outlays from
2707 the funds to which the money is transferred must be authorized by an appropriation.
2708
ITEM 20
To Performance Funding Restricted Account| 2709 | From Income Tax Fund | $20,000,000 | |||
| 2710 | Schedule of Programs: | ||||
| 2711 | Performance Funding Restricted Account | $20,000,000 | |||
2712 Section 56. Effective date.
2713 This bill takes effect on May 1, 2024.
2714 Section 57. Coordinating S.B. 192 with H.B. 438
2715 If S.B. 192, Higher Education Amendments, and H.B. 438, Higher Education
2716 Revisions, both pass and become law, the Legislature intends that, on May 1, 2024, Subsection
2717 53B-2-106(6)(b) in S.B. 192 be amended to read:
2718 "(b) subject to Section 53B-2-106.1, shall provide for the constitution, government,
2719 and organization of the faculty and administration, including Ĥ→ [
2720 president, enacting and implementing rules, including the establishment of a prescribed system
2721 of tenure if the institution is a degree-granting institution; and
2721a (i) enacting and implementing rules ;
2721b (ii) ensuring that the faculty may only have jurisdiction over:
2721c (A) academic requirements for admission, degrees, and certificates; and
2721d (B) course curriculum and instruction;
2721e (iii) permitting faculty to have jurisdiction over a matter other than a matter described
2721f in Subsection (6)(b)(ii) only if the following entities expressly authorize or delegate such power:
2721g (A) the Legislature;
2721h (B) the board;
2721i (C) the institution's board of trustees; or
2721j (D) the insitution's president; and
2721k (iv) if the institution is a degree-granting institution, the establishment of a prescribed
2721l system of tenure; ←Ĥ ".