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7 LONG TITLE
8 General Description:
9 This bill amends funding metrics, requirements and governance, and updates general
10 code language.
11 Highlighted Provisions:
12 This bill:
13 ▸ combines related provisions of presidential powers between technical colleges and
14 degree granting institutions;
15 ▸ amends the statutes governing performance metrics and performance funding for
16 institutions of higher education;
17 ▸ allows Talent Ready Utah to create talent advisory councils for talent initiatives;
18 ▸ amends requirements related to operations and maintenance funding requests; and
19 ▸ makes technical and conforming changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 35A-13-603, as last amended by Laws of Utah 2020, Chapter 365
27 36-28-102, as last amended by Laws of Utah 2021, Chapter 78
28 49-12-204, as last amended by Laws of Utah 2020, Chapters 24, 365
29 51-8-303, as last amended by Laws of Utah 2020, Chapter 365
30 53B-1-110, as enacted by Laws of Utah 2007, Chapter 248
31 53B-1-112, as last amended by Laws of Utah 2021, Chapter 187
32 53B-1-401, as last amended by Laws of Utah 2023, Chapter 254
33 53B-1-402, as last amended by Laws of Utah 2023, Chapter 254
34 53B-1-408, as last amended by Laws of Utah 2023, Chapter 254
35 53B-2a-107, as last amended by Laws of Utah 2021, Chapter 187
36 53B-2a-117, as last amended by Laws of Utah 2022, Chapter 421
37 53B-3-103, as last amended by Laws of Utah 2021, First Special Session, Chapter 7
38 53B-3-104, as enacted by Laws of Utah 1987, Chapter 167
39 53B-3-105, as enacted by Laws of Utah 1987, Chapter 167
40 53B-6-105, as last amended by Laws of Utah 2021, Chapter 187
41 53B-6-105.9, as last amended by Laws of Utah 2020, Chapter 365
42 53B-7-702, as last amended by Laws of Utah 2021, Chapters 282, 351 and last
43 amended by Coordination Clause, Laws of Utah 2021, Chapter 187
44 53B-7-705, as last amended by Laws of Utah 2023, Chapter 254
45 53B-7-706, as last amended by Laws of Utah 2023, Chapter 254
46 53B-8-102, as last amended by Laws of Utah 2023, Chapters 44, 50
47 53B-8-201, as last amended by Laws of Utah 2022, Chapter 370
48 53B-8a-105, as last amended by Laws of Utah 2023, Chapter 374
49 53B-13-103, as enacted by Laws of Utah 1987, Chapter 167
50 53B-16-102, as last amended by Laws of Utah 2023, Chapter 254
51 53B-17-1203, as last amended by Laws of Utah 2023, Chapter 328
52 53B-22-102, as last amended by Laws of Utah 1995, Chapter 332
53 53B-22-103, as enacted by Laws of Utah 1991, Chapter 32
54 53B-22-104, as last amended by Laws of Utah 1992, Chapter 177
55 53B-22-105, as enacted by Laws of Utah 1991, Chapter 32
56 53B-22-106, as last amended by Laws of Utah 2000, Chapter 143
57 53B-22-107, as enacted by Laws of Utah 1991, Chapter 32
58 53B-22-109, as last amended by Laws of Utah 1994, Chapter 209
59 53B-22-111, as enacted by Laws of Utah 1994, Chapter 209
60 53B-22-112, as enacted by Laws of Utah 1995, Chapter 332
61 53B-22-113, as enacted by Laws of Utah 1995, Chapter 332
62 53B-22-114, as enacted by Laws of Utah 1995, Chapter 332
63 53B-22-204, as last amended by Laws of Utah 2022, Chapter 421
64 53B-23-106, as last amended by Laws of Utah 2020, Chapter 365
65 53B-27-405, as enacted by Laws of Utah 2021, Chapter 364
66 53B-28-401, as last amended by Laws of Utah 2021, Chapter 332
67 53B-28-502, as enacted by Laws of Utah 2022, Chapter 461
68 53B-33-202, as last amended by Laws of Utah 2023, Chapter 84
69 53E-3-505, as last amended by Laws of Utah 2020, Chapters 365, 408
70 63G-6a-202, as last amended by Laws of Utah 2023, Chapter 16
71 ENACTS:
72 53B-1-116, Utah Code Annotated 1953
73 53B-1-117, Utah Code Annotated 1953
74 53B-2-114, Utah Code Annotated 1953
75 53B-34-110, Utah Code Annotated 1953
76 REPEALS AND REENACTS:
77 53B-2-106, as last amended by Laws of Utah 2021, Chapter 187
78 53B-7-704, as last amended by Laws of Utah 2021, Chapter 282
79 REPEALS:
80 53B-6-105.7, as last amended by Laws of Utah 2019, Chapter 444
81 53B-26-201, as enacted by Laws of Utah 2018, Chapter 354
82 53B-26-202, as last amended by Laws of Utah 2023, Chapter 328
83 53B-26-301, as last amended by Laws of Utah 2021, Second Special Session, Chapter 1
84 53B-26-302, as enacted by Laws of Utah 2020, Chapter 361
85 53B-26-303, as last amended by Laws of Utah 2021, Chapter 282
86
87 Be it enacted by the Legislature of the state of Utah:
88 Section 1. Section 35A-13-603 is amended to read:
89 35A-13-603. Board.
90 (1) There is created to assist the director of the office the Interpreter Certification
91 Board consisting of the following 11 members:
92 (a) a designee of the assistant director;
93 (b) a designee of the Utah Board of Higher Education, selected by the commissioner of
94 higher education, under the direction of the board;
95 (c) a designee of the State Board of Education;
96 (d) four professional interpreters, recommended by the assistant director; and
97 (e) four individuals who are deaf or hard of hearing, recommended by the assistant
98 director.
99 (2) (a) The director shall make all appointments to the board.
100 (b) In making appointments under Subsections (1)(d) and (e), the director shall give
101 consideration to recommendations by certified interpreters and members of the deaf and hard
102 of hearing community.
103 (3) (a) Board members shall serve three-year terms, except that for the initial terms of
104 board members, three shall serve one-year terms, four shall serve two-year terms, and four shall
105 serve three-year terms.
106 (b) An individual may not serve more than two three-year consecutive terms.
107 (c) If a vacancy occurs on the board for a reason other than the expiration of a term, the
108 director shall appoint a replacement for the remainder of the term in accordance with
109 Subsections (1) and (2).
110 (4) The director may remove a board member for cause, which may include
111 misconduct, incompetence, or neglect of duty.
112 (5) The board shall annually elect a chair and vice chair from among its members.
113 (6) The board shall meet as often as necessary to accomplish the purposes of this part,
114 but not less than quarterly.
115 (7) A member of the board may not receive compensation or benefits for the member's
116 service, but may receive travel expenses in accordance with:
117 (a) Section 63A-3-107; and
118 (b) rules made by the Division of Finance in accordance with Section 63A-3-107.
119 Section 2. Section 36-28-102 is amended to read:
120 36-28-102. Veterans and Military Affairs Commission -- Creation -- Membership
121 -- Chairs -- Terms -- Per diem and expenses.
122 (1) There is created the Veterans and Military Affairs Commission.
123 (2) The commission membership is composed of 19 permanent members, but may not
124 exceed 24 members, and is as follows:
125 (a) five legislative members to be appointed as follows:
126 (i) three members from the House of Representatives, appointed by the speaker of the
127 House of Representatives, no more than two of whom may be from the same political party;
128 and
129 (ii) two members from the Senate, appointed by the president of the Senate, no more
130 than one of whom may be from the same political party;
131 (b) the executive director of the Department of Veterans and Military Affairs or the
132 director's designee;
133 (c) the chair of the Utah Veterans Advisory Council;
134 (d) the executive director of the Department of Workforce Services or the director's
135 designee;
136 (e) the executive director of the Department of Health or the director's designee;
137 (f) the executive director of the Department of Human Services or the director's
138 designee;
139 (g) the adjutant general of the Utah National Guard or the adjutant general's designee;
140 (h) the Guard and Reserve Transition Assistance Advisor;
141 (i) a [
142
143 (j) three representatives of veteran service organizations recommended by the Veterans
144 Advisory Council and confirmed by the commission;
145 (k) one member of the Executive Committee of the Utah Defense Alliance;
146 (l) one military affairs representative from a chamber of commerce member, appointed
147 by the Utah State Chamber of Commerce; and
148 (m) a representative from the Veterans Health Administration.
149 (3) The commission may appoint by majority vote of the entire commission up to five
150 pro tempore members, representing:
151 (a) state or local government agencies;
152 (b) interest groups concerned with veterans issues; or
153 (c) the general public.
154 (4) (a) The president of the Senate shall designate a member of the Senate appointed
155 under Subsection (2)(a) as a cochair of the commission.
156 (b) The speaker of the House of Representatives shall designate a member of the House
157 of Representatives appointed under Subsection (2)(a) as a cochair of the commission.
158 (5) A majority of the members of the commission shall constitute a quorum. The
159 action of a majority of a quorum constitutes the action of the commission.
160 (6) The term for each pro tempore member appointed in accordance with Subsection
161 (3) shall be two years from July 1 of the year of appointment. A pro tempore member may not
162 serve more than three terms.
163 (7) If a member leaves office or is unable to serve, the vacancy shall be filled as it was
164 originally appointed. A person appointed to fill a vacancy under Subsection (6) serves the
165 remaining unexpired term of the member being replaced. If the remaining unexpired term is
166 less than six months, the newly appointed member shall be reappointed on July 1. The time
167 served until July 1 is not counted in the restriction set forth in Subsection (6).
168 (8) A member may not receive compensation or benefits for the member's service but
169 may receive per diem and travel expenses in accordance with:
170 (a) Section 63A-3-106;
171 (b) Section 63A-3-107; and
172 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
173 63A-3-107.
174 (9) Salaries and expenses of the members of the commission who are legislators shall
175 be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3,
176 Legislator Compensation.
177 Section 3. Section 49-12-204 is amended to read:
178 49-12-204. Higher education employees' eligibility requirements -- Election
179 between different retirement plans -- Classification requirements -- Transfer between
180 systems -- One-time election window -- Rulemaking.
181 (1) (a) A regular full-time employee of an institution of higher education who is
182 eligible to participate in either this system or a public or private retirement system,
183 organization, or company, designated as described in Subsection (1)(c) [
184 than January 1, 1979, elect to participate exclusively in this system or in an annuity contract
185 allowed under this Subsection (1).
186 (b) The election is final, and no right exists to make any further election.
187 (c) [
188 shall designate the public or private retirement systems, organizations, or companies that a
189 regular full-time employee of an institution of higher education is eligible to participate in
190 under Subsection (1)(a).
191 [
192
193
194 (2) (a) Except as provided under Subsection (2)(c), a regular full-time employee hired
195 by an institution of higher education after January 1, 1979, may participate only in the
196 retirement plan which attaches to the person's employment classification.
197 (b) Each institution of higher education shall prepare or amend existing employment
198 classifications, under the direction of the Utah Board of Higher Education, [
199
200 classification is assigned with either:
201 (i) this system; or
202 (ii) a public or private system, organization, or company designated by[
203
204 [
205
206 (c) Notwithstanding a person's employment classification assignment under Subsection
207 (2)(b), a regular full-time employee who begins employment with an institution of higher
208 education on or after May 11, 2010, has a one-time irrevocable election to continue
209 participation in this system, if the employee has service credit in this system before the date of
210 employment.
211 (3) Notwithstanding an employment classification assignment change made under
212 Subsection (2)(b), a regular full-time employee hired by an institution of higher education after
213 January 1, 1979, whose employment classification requires participation in this system may
214 elect to continue participation in this system.
215 (4) A regular full-time employee hired by an institution of higher education after
216 January 1, 1979, whose employment classification requires participation in this system shall
217 participate in this system.
218 (5) (a) Notwithstanding any other provision of this section, a regular full-time
219 employee of an institution of higher education shall have a one-time irrevocable election to
220 participate in this system if the employee:
221 (i) was hired after January 1, 1979;
222 (ii) whose employment classification assignment under Subsection (2)(b) required
223 participation in a retirement program other than this system; and
224 (iii) has service credit in a system under this title.
225 (b) The election under Subsection (5)(a) shall be made before June 30, 2010.
226 (c) All forms required by the office must be completed and received by the office no
227 later than June 30, 2010, for the election to participate in this system to be effective.
228 (d) Beginning July 1, 2010, a regular full-time employee of an institution of higher
229 education who elects to be covered by this system under Subsection (5)(a) may begin to accrue
230 service credit in this system.
231 (6) A regular full-time employee of an institution of higher education who elects to be
232 covered by this system under Subsection (2)(c) or (5)(a), may purchase periods of employment
233 while covered under another retirement program sponsored by the institution of higher
234 education by complying with the requirements of Section 49-11-403.
235 (7) The board shall make rules to implement this section.
236 (8) An employee's participation or election described in this section:
237 (a) shall be made in accordance with this section; and
238 (b) is subject to requirements under federal law and rules made by the board.
239 Section 4. Section 51-8-303 is amended to read:
240 51-8-303. Requirements of member institutions of the state system of higher
241 education.
242 (1) The Utah Board of Higher Education shall:
243 (a) establish asset allocations for the institutional funds;
244 (b) in consultation with the commissioner of higher education, establish guidelines for
245 investing the funds; and
246 (c) establish a written policy governing conflicts of interest.
247 (2) (a) A higher education institution may not invest its institutional funds in violation
248 of the Utah Board of Higher Education's guidelines unless the Utah Board of Higher Education
249 approves an investment policy that has been adopted by the higher education institution's board
250 of trustees.
251 (b) A higher education institution [
252
253
254 [
255 complies with Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act..
256 (3) (a) The board of trustees of a higher education institution may adopt:
257 (i) an investment policy to govern the investment of the higher education institution's
258 institutional funds; and
259 (ii) a conflict of interest policy.
260 (b) The investment policy shall:
261 (i) define the groups, and the responsibilities of those groups, that must be involved
262 with investing the institutional funds;
263 (ii) ensure that the groups defined under Subsection (3)(b)(i) at least include the board
264 of trustees, an investment committee, institutional staff, and a custodian bank;
265 (iii) create an investment committee that includes not more than two members of the
266 board of trustees and no less than two independent investment management professionals;
267 (iv) determine an appropriate risk level for the institutional funds;
268 (v) establish allocation ranges for asset classes considered suitable for the institutional
269 funds;
270 (vi) determine prudent diversification of the institutional funds; and
271 (vii) establish performance objectives and a regular review process.
272 [
273
274
275 (4) Each higher education institution shall make monthly reports detailing the deposit
276 and investment of funds in the institution's custody or control to:
277 (a) the institution of higher education board of trustees; and
278 (b) the Utah Board of Higher Education.
279 (5) The state auditor may conduct or cause to be conducted an annual audit of the
280 investment program of each higher education institution.
281 (6) The Utah Board of Higher Education shall submit an annual report to the governor
282 and the Legislature summarizing all investments by higher education institutions under its
283 jurisdiction.
284 Section 5. Section 53B-1-110 is amended to read:
285 53B-1-110. Criminal background checks of prospective and existing employees of
286 higher education institutions -- Institutions to adopt policy.
287 (1) As used in this section:
288 (a) "Institution" means an institution listed in Section 53B-1-102.
289 (b) "Minor" means a person younger than 21 years [
290 (2) [
291 checks of:
292 (a) prospective employees of institutions; and
293 (b) existing employees of institutions, where reasonable cause exists.
294 (3) (a) The policy shall require that:
295 (i) an applicant for any position that involves significant contact with minors or any
296 position considered to be security sensitive by [
297 submit to a criminal background check as a condition of employment; and
298 (ii) an existing employee submit to a criminal background check, where reasonable
299 cause exists.
300 (b) Subsection (3)(a)(i) does not apply to adjunct faculty positions.
301 (c) The policy may allow or require applicants for positions other than those described
302 in Subsection (3)(a)(i) to submit to a criminal background check as a condition of employment.
303 (d) The policy may allow criminal background checks for new employees to be phased
304 in over a two-year period.
305 (4) The applicant or employee shall receive written notice that the background check
306 has been requested.
307 (5) Each applicant or employee subject to a criminal background check under this
308 section shall, if required by the institution:
309 (a) be fingerprinted; and
310 (b) consent to a fingerprint background check by:
311 (i) the Utah Bureau of Criminal Identification; and
312 (ii) the Federal Bureau of Investigation.
313 (6) (a) Institutions may request the Utah Bureau of Criminal Identification to conduct
314 criminal background checks of prospective employees and, where reasonable cause exists,
315 existing employees pursuant to [
316 (b) At the request of an institution, the Utah Bureau of Criminal Identification shall:
317 (i) release the individual's full record of criminal convictions to the administrator
318 requesting the information; and
319 (ii) seek additional information from regional or national criminal data files in
320 responding to inquiries under this section.
321 (c) Information received by the Utah Bureau of Criminal Identification from entities
322 other than agencies or political subdivisions of the state may not be released to a private entity
323 unless the release is permissible under applicable laws or regulations of the entity providing the
324 information.
325 (d) Except as provided in Subsection (7), the institution shall pay the cost of
326 background checks conducted by the Utah Bureau of Criminal Identification, and the money
327 collected shall be credited to the Utah Bureau of Criminal Identification to offset its expenses.
328 (7) [
329 criminal background check as a condition of employment.
330 (8) The applicant or employee shall have an opportunity to respond to any information
331 received as a result of the criminal background check.
332 (9) If a person is denied employment or is dismissed from employment because of
333 information obtained through a criminal background check, the person shall receive written
334 notice of the reasons for denial or dismissal and have an opportunity to respond to the reasons
335 under procedures established by [
336 Section 6. Section 53B-1-112 is amended to read:
337 53B-1-112. Disclosure requirements for institution programs.
338 (1) As used in this section:
339 (a) "Department" means the Department of Workforce Services.
340 (b) "Institution" means an institution of higher education described in Section
341 53B-1-102.
342 (c) "Job placement data" means information collected by the board, and based on
343 information from the department, that reflects the job placement rate and industry employment
344 information for a student who graduates from a program.
345 (d) (i) "Program" means a program of organized instruction or study at an institution
346 that leads to:
347 (A) an academic degree;
348 (B) a professional degree;
349 (C) a vocational degree;
350 (D) a certificate of one year or greater or the direct assessment equivalent; or
351 (E) another recognized educational credential.
352 (ii) "Program" includes instruction or study that, in lieu of time as a measurement for
353 student learning, utilizes direct assessment of student learning, or recognizes the direct
354 assessment of student learning by others, if the assessment is consistent with the accreditation
355 of the institution or program utilizing the results of the assessment.
356 (e) "Student loan information" means the percentage of students at an institution who:
357 (i) received a Title IV loan authorized under:
358 (A) the Federal Perkins Loan Program;
359 (B) the Federal Family Education Loan Program; or
360 (C) the William D. Ford Direct Loan Program; and
361 (ii) fail to pay a loan described in Subsection (1)(e)(i)(A), (B), or (C).
362 (f) "Total costs" means:
363 (i) the estimated costs a student would incur while completing a program, including:
364 (A) tuition and fees; and
365 (B) books, supplies, and equipment; and
366 (ii) calculated based on a student's degree, the institution's average costs that would be
367 incurred while a student completes a program and are subsidized by taxpayer contribution,
368 including:
369 (A) tuition and fees; and
370 (B) other applicable expenses subsidized by taxpayer contribution for program
371 completion.
372 (g) "Wage data" means information collected by the board, and based on information
373 from the department, that reflects a student's wage the first year and fifth year after a student
374 has successfully completed a program.
375 (2) (a) Except as provided in Subsection (4), for each program listed in an institution's
376 course catalog or each program otherwise offered by the institution, the institution shall
377 provide a conspicuous and direct link on the institution's website, subject to Subsection (2)(b),
378 to the following information maintained by the board in accordance with Subsection (3):
379 (i) job placement data;
380 (ii) to the extent supporting data is available, student loan information;
381 (iii) total costs; and
382 (iv) wage data.
383 (b) An institution shall include the information described in Subsection (2)(a) on each
384 institutional website that includes academic, cost, financial aid, or admissions information for a
385 program.
386 (3) [
387 shall:
388 (a) collect the information described in Subsection (2)(a);
389 (b) develop through user testing a format for the display of information described in
390 Subsection (2)(a) that is easily accessible and informative; and
391 (c) maintain the information described in Subsection (2)(a) so that it is current.
392 (4) An institution is not subject to Subsection (2) for a program that the institution is
393 required to report on under 34 C.F.R. Sec. 668.412.
394 (5) The board shall, in accordance with Title 63G, Chapter 3, Utah Administrative
395 Rulemaking Act, make rules for the implementation and administration of this section.
396 Section 7. Section 53B-1-116 is enacted to read:
397 53B-1-116. Bereavement leave for miscarriage and stillbirth.
398 (1) As used in this section "miscarriage" means the spontaneous or accidental loss of a
399 fetus, regardless of gestational age or the duration of the pregnancy.
400 (2) An institution shall adopt policies providing at least three work days of paid
401 bereavement leave for an employee following the end of the employee's pregnancy by way of
402 miscarriage or stillbirth or following the end of another individual's pregnancy by way of a
403 miscarriage or stillbirth, if:
404 (a) the employee is the individual's spouse or partner;
405 (b) the employee is the individual's former spouse or partner and the employee would
406 have been a biological parent of a child born as a result of the pregnancy;
407 (c) the employee provides documentation to show that the individual intended for the
408 employee to be an adoptive parent, as that term is defined in Section 78B-6-103, of a child born
409 as a result of the pregnancy; or
410 (d) under a valid gestational agreement in accordance with Title 78B, Chapter 15, Part
411 8, Gestational Agreement, the employee would have been a parent of a child born as a result of
412 the pregnancy.
413 Section 8. Section 53B-1-117 is enacted to read:
414 53B-1-117. Oaths of office.
415 Notwithstanding Section 52-1-2, except as otherwise provided in this title, an
416 individual who is appointed or employed by one of the following is not required to take an
417 official oath of office:
418 (1) the board;
419 (2) the commissioner;
420 (3) a degree-granting institution or a technical college;
421 (4) an institution board of trustees; or
422 (5) the president of a degree-granting institution or a technical college.
423 Section 9. Section 53B-1-401 is amended to read:
424 53B-1-401. Definitions.
425 As used in this part:
426 (1) "Board" means the Utah Board of Higher Education described in Section
427 53B-1-402.
428 (2) "Institution of higher education" or "institution" means an institution of higher
429 education described in Section 53B-1-102.
430 [
431
432 Section 10. Section 53B-1-402 is amended to read:
433 53B-1-402. Establishment of board -- Powers, duties, and authority -- Reports.
434 (1) (a) There is established the Utah Board of Higher Education, which:
435 (i) is the governing board for the institutions of higher education;
436 (ii) controls, oversees, and regulates the Utah [
437 Higher Education in a manner consistent with the purpose of this title and the specific powers
438 and responsibilities granted to the board[
439 (b) (i) The University of Utah shall provide administrative support for the board.
440 (ii) Notwithstanding Subsection (1)(b)(i), the board shall maintain the board's
441 independence, including in relation to the powers and responsibilities granted to the board.
442 (2) The board shall:
443 (a) establish and promote a state-level vision and goals for higher education that
444 emphasize data-driven retrospective and prospective system priorities, including:
445 (i) quality;
446 (ii) affordability;
447 (iii) access and equity;
448 (iv) completion;
449 (v) workforce alignment and preparation for high-quality jobs; and
450 (vi) economic growth;
451 (b) establish system policies and practices that advance the vision and goals;
452 (c) establish metrics to demonstrate and monitor:
453 (i) performance related to the goals; and
454 (ii) performance on measures of operational efficiency;
455 (d) collect and analyze data including economic data, demographic data, and data
456 related to the metrics;
457 (e) govern data quality and collection across institutions;
458 (f) establish, approve, and oversee each institution's mission and role in accordance
459 with Section 53B-16-101;
460 (g) assess an institution's performance in accomplishing the institution's mission and
461 role;
462 (h) participate in the establishment and review of programs of instruction in accordance
463 with Section 53B-16-102;
464 (i) perform the following duties related to an institution of higher education president,
465 including:
466 (i) [
467 Section 53B-2-102;
468 (ii) through the commissioner and the board's executive committee:
469 (A) providing support and guidance to an institution of higher education president; and
470 (B) evaluating an institution of higher education president based on institution
471 performance and progress toward systemwide priorities;
472 (iii) setting the terms of employment for an institution of higher education president,
473 including performance-based compensation, through an employment contract or another
474 method of establishing employment; and
475 (iv) establishing, through a public process, a statewide succession plan to develop
476 potential institution presidents from within the system;
477 (j) create and implement a strategic finance plan for higher education, including by:
478 (i) establishing comprehensive budget and finance priorities for academic education
479 and technical education;
480 (ii) allocating statewide resources to institutions;
481 (iii) setting tuition for each institution;
482 (iv) administering state financial aid programs;
483 (v) administering performance funding in accordance with Chapter 7, Part 7,
484 Performance Funding; and
485 (vi) developing a strategic capital facility plan and prioritization process in accordance
486 with Chapter 22, Part 2, Capital Developments, and Sections 53B-2a-117 and 53B-2a-118;
487 (k) create and annually report to the Higher Education Appropriations Subcommittee
488 on a seamless articulated education system for Utah students that responds to changing
489 demographics and workforce, including by:
490 (i) providing for statewide prior learning assessment, in accordance with Section
491 53B-16-110;
492 (ii) establishing and maintaining clear pathways for articulation and transfer, in
493 accordance with Section 53B-16-105;
494 (iii) establishing degree program requirement guidelines, including credit hour limits;
495 (iv) aligning general education requirements across degree-granting institutions;
496 (v) coordinating and incentivizing collaboration and partnerships between institutions
497 in delivering programs;
498 (vi) coordinating distance delivery of programs;
499 (vii) coordinating work-based learning; and
500 (viii) emphasizing the system priorities and metrics described in Subsections (2)(a) and
501 (c);
502 (l) coordinate with the public education system:
503 (i) regarding public education programs that provide postsecondary credit or
504 certificates; and
505 (ii) to ensure that an institution of higher education providing technical education
506 serves secondary students in the public education system;
507 (m) delegate to an institution board of trustees certain duties related to institution
508 governance including:
509 (i) guidance and support for the institution president;
510 (ii) effective administration;
511 (iii) the institution's responsibility for contributing to progress toward achieving
512 systemwide goals; and
513 (iv) other responsibilities determined by the board;
514 (n) delegate to an institution of higher education president management of the
515 institution of higher education;
516 (o) consult with an institution of higher education board of trustees or institution of
517 higher education president before acting on matters pertaining to the institution of higher
518 education;
519 (p) maximize efficiency throughout the Utah [
520 Higher Education by identifying and establishing shared administrative services, beginning
521 with:
522 (i) commercialization;
523 (ii) services for compliance with Title IX of the Education Amendments of 1972, 20
524 U.S.C. Sec. 1681 et seq.;
525 (iii) information technology services; and
526 (iv) human resources, payroll, and benefits administration;
527 (q) develop strategies for providing higher education, including career and technical
528 education, in rural areas;
529 (r) manage and facilitate a process for initiating, prioritizing, and implementing
530 education reform initiatives, beginning with common applications and direct admissions;
531 (s) provide ongoing quality review of programs; and
532 (t) before each annual legislative general session, provide to the Higher Education
533 Appropriations Subcommittee a prioritization of all projects and proposals for which the board
534 or an institution of higher education seeks an appropriation.
535 (3) The board shall submit an annual report of the board's activities and performance
536 against the board's goals and metrics to:
537 (a) the Education Interim Committee;
538 (b) the Higher Education Appropriations Subcommittee;
539 (c) the governor; and
540 (d) each institution of higher education.
541 (4) The board shall prepare and submit an annual report detailing the board's progress
542 and recommendations on workforce related issues, including career and technical education, to
543 the governor and to the Legislature's Education Interim Committee by October 31 of each year,
544 including information detailing:
545 (a) how institutions of higher education are meeting the career and technical education
546 needs of secondary students;
547 (b) how the system emphasized high demand, high wage, and high skill jobs in
548 business and industry;
549 (c) performance outcomes, including:
550 (i) entered employment;
551 (ii) job retention; and
552 (iii) earnings;
553 (d) an analysis of workforce needs and efforts to meet workforce needs; and
554 (e) student tuition and fees.
555 (5) The board may modify the name of an institution of higher education to reflect the
556 role and general course of study of the institution.
557 (6) The board may not take action relating to merging a technical college with another
558 institution of higher education without legislative approval.
559 (7) This section does not affect the power and authority vested in the State Board of
560 Education to apply for, accept, and manage federal appropriations for the establishment and
561 maintenance of career and technical education.
562 (8) The board shall ensure that any training or certification that an employee of the
563 higher education system is required to complete under this title or by board rule complies with
564 Title 63G, Chapter 22, State Training and Certification Requirements.
565 (9) The board shall demonstrate compliance with Subsection (2)(p) by providing to the
566 Higher Education Appropriations Subcommittee:
567 (a) on or before October 1, 2024, evidence of implementation of at least one shared
568 administrative service;
569 (b) on or before October 1, 2025, evidence of implementation of at least two shared
570 administrative services; and
571 (c) on or before October 1, 2026, evidence of implementation of at least three shared
572 administrative services.
573 (10) If the board is found by the Higher Education Appropriations Subcommittee to be
574 out of compliance with Subsection (9), the Legislature shall:
575 (a) deduct 10% of the appropriation described in Section 53B-7-703 for the following
576 fiscal year; and
577 (b) deduct an additional 10% of the appropriation described in Section 53B-7-703 for
578 each subsequent year of noncompliance up to a maximum deduction of 30%.
579 [
580
581 [
582
583 [
584
585 [
586 [
587 [
588
589 [
590
591
592 [
593
594
595 Section 11. Section 53B-1-408 is amended to read:
596 53B-1-408. Appointment of commissioner of higher education -- Qualifications --
597 Associate commissioners -- Duties -- Office.
598 (1) (a) The board, upon approval from the governor and with the advice and consent of
599 the Senate, shall appoint a commissioner of higher education to serve at the board's pleasure as
600 the board's chief executive officer.
601 (b) The following may terminate the commissioner:
602 (i) the board; or
603 (ii) the governor, after consultation with the board.
604 (c) The board shall:
605 (i) set the salary of the commissioner;
606 (ii) subject to Subsection (3), prescribe the duties and functions of the commissioner;
607 and
608 (iii) select a commissioner on the basis of outstanding professional qualifications.
609 (2) (a) The commissioner may appoint associate commissioners.
610 (b) An associate commissioner described in Subsection (2)(a) is not subject to the
611 approval of the board.
612 (3) The commissioner is responsible to the board to:
613 (a) ensure the proper execution of the policies, programs, and strategic plan of the
614 board;
615 (b) furnish information about the Utah [
616 Education and make recommendations regarding that information to the board;
617 (c) provide state-level leadership in any activity affecting an institution of higher
618 education;
619 (d) in consultation with the board's executive committee and in accordance with
620 Subsection 53B-1-402(2), evaluate and provide support and guidance to an institution of higher
621 education president; and
622 (e) perform other duties the board assigns in carrying out the board's duties and
623 responsibilities.
624 Section 12. Section 53B-2-106 is repealed and reenacted to read:
625 53B-2-106. Duties and responsibilities of the president of an institution of higher
626 education -- Approval by board of trustees.
627 (1) As used in this section:
628 (a) "Institution" means:
629 (i) a degree-granting institution; or
630 (ii) a technical college.
631 (b) "President" means the president of an institution.
632 (2) The president of each institution may exercise grants of power and authority as
633 delegated by the board, as well as the necessary and proper exercise of powers and authority
634 not denied to the institution or the institution's administration, faculty, or students by the board
635 or by law, to ensure the effective and efficient administration and operation of the institution
636 consistent with the statewide strategic plan for higher education.
637 (3) A president may:
638 (a) appoint or employ administrative officers, deans, faculty members, professional
639 personnel, and support personnel;
640 (b) prescribe duties for a position described in Subsection (3)(a); and
641 (c) determine the salary for an employed position described in Subsection (3)(a), in
642 accordance with the institution's human resources policies.
643 (4) (a) A president may, after consultation with the institution's board of trustees,
644 exercise powers related to the institution's employees, including faculty and persons under
645 contract with the institution, by implementing:
646 (i) policies governing personnel;
647 (ii) furloughs;
648 (iii) reductions in force;
649 (iv) program reductions or discontinuance;
650 (v) early retirement incentives that provide cost savings to the institution; or
651 (vi) other measures that provide cost savings, facilitate efficiencies, or otherwise
652 enable the institution to meet the institution's mission and role.
653 (5) A president shall:
654 (a) control and manage the budget and finances of the institution, including by, as
655 determined by the president:
656 (i) establishing the institution's budget; and
657 (ii) establishing or adjusting administrative or academic unit budgets; and
658 (b) subject to Section 53B-7-101, establish:
659 (i) tuition for the institution, including both resident and nonresident tuition if the
660 institution is degree granting, subject to the approval of the board as described in Section
661 53B-1-402; and
662 (ii) fees and other charges for the institution; and
663 (c) establish the organization and structure of the institution, including by, as
664 determined by the president, creating, merging, or eliminating a college, department, or other
665 administrative or academic unit of the institution;
666 (6) Subject to the approval of the institution's board of trustees, a president:
667 (a) shall establish a budgetary policy, such as policy regarding benefits and endowment
668 investments;
669 (b) shall provide for the constitution, government, and organization of the faculty and
670 administration, and may enact implementing rules, including the establishment of a prescribed
671 system of tenure if the institution is degree granting; and
672 (c) may authorize the faculty to determine the general initiation and direction of
673 instruction and of the examination, admission, and classification of students.
674 (7) A president may establish policies for the administration and operation of the
675 institution that:
676 (a) are consistent with the institution's role established by the board, rules enacted by
677 the board, or the laws of the state; and
678 (b) may provide for:
679 (i) administrative, faculty, student, and joint committees with jurisdiction over
680 specified institutional matters;
681 (ii) student government and student affairs organizations;
682 (iii) the establishment of institutional standards in furtherance of the ideals of higher
683 education fostered and subscribed to by the institution and the institution's administration,
684 faculty, and students; and
685 (iv) the holding of classes on legal holidays, other than Sunday.
686 (8) A president shall manage the president's institution as a part of the Utah System of
687 Higher Education.
688 (9) In performing any of the acts described in this section, a president may, in the
689 president's sole discretion, seek input from the institution's faculty, staff, or students.
690 (10) The board shall establish guidelines relating to the roles and relationships between
691 presidents and boards of trustees, including those matters which by law must be approved by a
692 board of trustees before implementation by the president.
693 (11) (a) A president is subject to regular review and evaluation administered by the
694 board, in consultation with the institution's board of trustees, through a process approved by the
695 board.
696 (b) Only the board may formally assess a president's performance, formally declare a
697 president's standing, or take other formal action to evaluate a president.
698 Section 13. Section 53B-2-114 is enacted to read:
699 53B-2-114. Degree-granting institution attorneys -- Appointment -- Duties.
700 (1) Recognizing the status of institutions within the Utah System of Higher Education
701 as bodies politic and corporate, the president of a degree-granting institution may appoint
702 attorneys to:
703 (a) provide legal advice to the degree-granting institution's administration; and
704 (b) coordinate legal affairs within the degree-granting institution.
705 (2) Compensation costs and related office expenses for an attorney described in
706 Subsection (1) shall be funded within existing budgets.
707 (3) The board shall coordinate the activities of attorneys described in Subsection (1).
708 (4) An attorney described in Subsection (1):
709 (a) may not:
710 (i) conduct litigation;
711 (ii) settle a claim covered by the State Risk Management Fund; or
712 (iii) issue a formal legal opinion; and
713 (b) shall cooperate with the Office of the Attorney General in providing legal
714 representation to a degree-granting institution.
715 Section 14. Section 53B-2a-107 is amended to read:
716 53B-2a-107. Technical college presidents.
717 (1) The board shall appoint a president for each technical college in accordance with
718 Section 53B-2-102.
719 (2) [
720 college.
721 [
722 [
723 [
724 [
725 college president shall:
726 [
727
728
729
730
731 [
732 [
733 [
734
735 [
736 [
737 districts, and charter schools within the technical college's region, prepare a comprehensive
738 strategic plan for delivering technical education within the region;
739 [
740 Governor's Office of Economic Opportunity, and the Governor's Office of Planning and Budget
741 on an ongoing basis to determine what workers and skills are needed for employment in Utah
742 businesses and industries;
743 [
744 meet the technical education needs of secondary students; and
745 [
746 and examination of students in accordance with the policies and accreditation guidelines of the
747 board and the State Board of Education[
748 [
749
750 Section 15. Section 53B-2a-117 is amended to read:
751 53B-2a-117. Legislative approval -- Capital development projects --
752 Prioritization.
753 (1) As used in this section:
754 (a) "Consumer Price Index" means the Consumer Price Index for All Urban Consumers
755 as published by the Bureau of Labor Statistics of the United States Department of Labor.
756 (b) "Fund" means the Technical Colleges Capital Projects Fund created in Section
757 53B-2a-118.
758 (2) In accordance with this section, a technical college is required to receive legislative
759 approval in an appropriations act for a dedicated project or a nondedicated project.
760 (3) In accordance with Section 53B-2a-112, a technical college shall submit to the
761 board a proposal for a funding request for each dedicated project or nondedicated project for
762 which the technical college seeks legislative approval.
763 (4) The board shall:
764 (a) review each proposal submitted under Subsection (3) to ensure that the proposal
765 complies with Section 53B-2a-112;
766 (b) based on the results of the board's review under Subsection (4)(a), create:
767 (i) a list of approved dedicated projects, prioritized in accordance with Subsection (6);
768 and
769 (ii) a list of approved nondedicated projects, prioritized in accordance with Subsection
770 (6); and
771 (c) submit the lists described in Subsection (4)(b) to:
772 (i) the governor;
773 (ii) the Infrastructure and General Government Appropriations Subcommittee;
774 (iii) the Higher Education Appropriations Subcommittee; and
775 (iv) the Division of Facilities Construction and Management for a:
776 (A) recommendation, for the list described in Subsection (4)(b)(i); or
777 (B) recommendation and prioritization, for the list described in Subsection (4)(b)(ii).
778 (5) A dedicated project:
779 (a) is subject to the recommendation of the Division of Facilities Construction and
780 Management as described in Section 63A-5b-403; and
781 (b) is not subject to the prioritization of the Division of Facilities Construction and
782 Management as described in Section 63A-5b-403.
783 (6) (a) Subject to Subsection (7), the board shall prioritize funding requests for capital
784 development projects described in this section based on:
785 (i) growth and capacity;
786 (ii) effectiveness and support of critical programs;
787 (iii) cost effectiveness;
788 (iv) building deficiencies and life safety concerns; and
789 (v) alternative funding sources.
790 (b) The board shall establish:
791 (i) how the board will measure each factor described in Subsection (6)(a); and
792 (ii) procedures for prioritizing funding requests for capital development projects
793 described in this section.
794 (7) (a) Subject to Subsection (7)(b), and in accordance with Subsection (6), the board
795 may annually prioritize:
796 (i) up to three nondedicated projects if the ongoing appropriation to the fund is less
797 than $7,000,000;
798 (ii) up to two nondedicated projects if the ongoing appropriation to the fund is at least
799 $7,000,000 but less than $14,000,000; or
800 (iii) one nondedicated project if the ongoing appropriation to the fund is at least
801 $14,000,000.
802 (b) For each calendar year beginning on or after January 1, 2020, the dollar amounts
803 described in Subsection (7)(a) shall be adjusted by an amount equal to the percentage
804 difference between:
805 (i) the Consumer Price Index for the 2019 calendar year; and
806 (ii) the Consumer Price Index for the previous calendar year.
807 (8) (a) A technical college may request operations and maintenance funds for a capital
808 development project approved under this section.
809 (b) A technical college shall make the request described in Subsection (8)(a) at the
810 same time as the technical college submits the proposal described in Subsection (3).
811 (c) The Legislature shall consider a technical college's request described in Subsection
812 (8)(a).
813 Section 16. Section 53B-3-103 is amended to read:
814 53B-3-103. Power of board and institutions to adopt rules and enact regulations.
815 (1) As used in this section, "institution" means an institution listed in Section
816 53B-1-102.
817 [
818 college students, faculty, and employees.
819 (b) A president in consultation with the board of trustees, may enact policies governing
820 the conduct of university and college students, faculty, and employees.
821 [
822
823 individuals [
824 controlled by the [
825 [
826
827 [
828
829
830 [
831
832
833 [
834
835 [
836
837
838 [
839
840
841 [
842
843
844 [
845
846 [
847 condition for enrollment or attendance within the system of higher education unless the board
848 or an institution allows for the following exemptions:
849 (A) a medical exemption if the student provides to the institution a statement that the
850 claimed exemption is for a medical reason; and
851 (B) a personal exemption if the student provides to the institution a statement that the
852 claimed exemption is for a personal or religious belief.
853 (ii) An institution that offers both remote and in-person learning options may not deny
854 a student who is exempt from a requirement to receive a vaccine under Subsection [
855 (2)(b)(i) to participate in an in-person learning option based upon the student's vaccination
856 status.
857 (iii) Subsections [
858 medical setting at an institution of higher education.
859 (iv) Nothing in this section restricts a state or local health department from acting
860 under applicable law to contain the spread of an infectious disease.
861 [
862 same as that term is defined in Section 53G-9-210.
863 (ii) The board or an institution may not require an individual to wear a face covering as
864 a condition of attendance for in-person instruction, institution-sponsored athletics,
865 institution-sponsored extracurricular activities, in dormitories, or in any other place on a
866 campus of an institution within the system of higher education at any time after the end of the
867 spring semester in 2021.
868 (iii) Subsection [
869 at an institution of higher education.
870 [
871 oath during an employee grievance hearing for a non-faculty employee of an institution of
872 higher education if the grievance hearing relates to the non-faculty employee's:
873 (a) demotion; or
874 (b) termination.
875 (5) Acknowledging that the Legislature has the authority to regulate, by law, firearms
876 at higher education institutions, the board may:
877 (a) authorize higher education institutions to establish no more than one secure area at
878 each institution as a hearing room as prescribed in Section 76-8-311.1, but not otherwise
879 restrict the lawful possession or carrying of firearms; and
880 (b) authorize a higher education institution to make a policy that allows a resident of a
881 dormitory located at the institution to request only roommates who are not licensed to carry a
882 concealed firearm under Section 53-5-704 or 53-5-705.
883 (6) In addition to the requirements and penalty prescribed in Subsections
884 76-8-311.1(3), (4), (5), and (6), the board shall make rules to ensure that:
885 (a) reasonable means such as mechanical, electronic, x-ray, or similar devices are used
886 to detect firearms, ammunition, or dangerous weapons contained in the personal property of or
887 on the person of any individual attempting to enter a secure area hearing room;
888 (b) an individual required or requested to attend a hearing in a secure area hearing
889 room is notified in writing of the requirements related to entering a secure area hearing room
890 under this Subsection (6)(b) and Section 76-8-311.1;
891 (c) the restriction of firearms, ammunition, or dangerous weapons in the secure area
892 hearing room is in effect only during the time the secure area hearing room is in use for
893 hearings and for a reasonable time before and after its use; and
894 (d) reasonable space limitations are applied to the secure area hearing room as
895 warranted by the number of individuals involved in a typical hearing.
896 [
897 policies in any reasonable manner, including the assessment of fees, fines, and forfeitures, the
898 collection of which may be by withholding from money owed the violator, the imposition of
899 probation, suspension, or expulsion from the institution, the revocation of privileges, the
900 refusal to issue certificates, degrees, and diplomas, through judicial process or any reasonable
901 combination of these alternatives.
902 Section 17. Section 53B-3-104 is amended to read:
903 53B-3-104. Establishment of police or security departments.
904 (1) As used in this section, "institution" means an institution listed in Section
905 53B-1-102.
906 (2) [
907 departments for the purpose of enforcing the regulations of each institution of higher education
908 and the laws of the state.
909 Section 18. Section 53B-3-105 is amended to read:
910 53B-3-105. Appointment of police or security personnel -- Powers.
911 (1) As used in this section, "institution" means an institution listed in Section
912 53B-1-102.
913 (2) Members of the police or security department of any [
914 institution are appointed by the [
915 [
916 by policemen in cities and by sheriffs, including the power to make arrests on view or on
917 warrant of violation of state statutes and city or county ordinances.
918 [
919 institution also have the power to enforce all rules and regulations promulgated by the board or
920 institution as related to the institution.
921 Section 19. Section 53B-6-105 is amended to read:
922 53B-6-105. Engineering and Computer Technology Initiative.
923 (1) (a) (i) The commissioner of higher education, under the direction of the board shall
924 develop, establish, and maintain an Engineering and Computer Science Initiative within the
925 state system of higher education to increase the number of graduates in engineering, computer
926 science, and related technology.
927 (ii) The commissioner of higher education, under the direction of the board shall make
928 rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, providing
929 the criteria for those fields of study that qualify as "related technology" under this section and
930 Section 53B-6-105.9.
931 (b) The initiative shall include components that:
932 (i) improve the quality of instructional programs in engineering, computer science, and
933 related technology by providing supplemental money for equipment purchases; and
934 (ii) provide incentives to institutions to hire and retain faculty under Section
935 53B-6-105.9.
936 (2) The increase in program capacity under Subsection (1)(a) shall include funding for
937 new and renovated capital facilities and funding for new engineering and computer science
938 programs.
939 (3) The Legislature shall provide an annual appropriation to the board to fund the
940 initiative.
941 Section 20. Section 53B-6-105.9 is amended to read:
942 53B-6-105.9. Incentive program for engineering, computer science, and related
943 technology faculty.
944 (1) The Legislature shall provide an annual appropriation to help fund the faculty
945 incentive component of the Engineering and Computer Science Initiative established under
946 Section 53B-6-105.
947 (2) The appropriation shall be used to hire, recruit, and retain outstanding faculty in
948 engineering, computer science, and related technology fields under guidelines established by
949 the commissioner of higher education, under the direction of the board.
950 (3) (a) State institutions of higher education shall match the appropriation on a
951 one-to-one basis in order to qualify for state money appropriated under Subsection (1).
952 (b) (i) Qualifying institutions shall annually report their matching dollars to the board.
953 (ii) The [
954 institutional matches.
955 (iii) The annual report of the Technology Initiative Advisory Board required by Section
956 53B-6-105.5 shall include the summary report of the institutional matches.
957 (4) The commissioner of higher education, under the direction of the board shall make
958 rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
959 establishing policies and procedures to apply for and distribute the state appropriation to
960 qualifying institutions.
961 Section 21. Section 53B-7-702 is amended to read:
962 53B-7-702. Definitions.
963 As used in this part:
964 (1) "Account" means the Performance Funding Restricted Account created in Section
965 53B-7-703.
966 (2) "Estimated revenue growth from targeted jobs" means the estimated increase in
967 individual income tax revenue generated by individuals employed in targeted jobs, determined
968 by the Department of Workforce Services in accordance with Section 53B-7-704.
969 (3) "Full new performance funding amount" means the maximum amount of new
970 performance funding that a degree-granting institution or technical college may qualify for in a
971 fiscal year, determined by the Legislature in accordance with Section 53B-7-705.
972 (4) "Full-time" means the number of credit hours the board determines is full-time
973 enrollment for a student.
974 [
975
976 [
977 [
978
979 [
980 money in the account and the amount of money appropriated from the account for performance
981 funding in the current fiscal year.
982 [
983 Sections 53B-7-706 and 53B-7-707.
984 [
985 [
986 of Workforce Services [
987 [
988 (a) the same as that term is defined in Section 53B-1-101.5; and
989 (b) a degree-granting institution acting in the degree-granting institution's technical
990 education role described in Section 53B-2a-201.
991 [
992 [
993 [
994 Section 22. Section 53B-7-704 is repealed and reenacted to read:
995 53B-7-704. Determination of estimated revenue growth from targeted jobs --
996 Reporting.
997 (1) As used in this section, "baseline amount" means the simple five-year average of
998 total wages in Utah as captured by the Quarterly Census of Employment and Wages program
999 and reported by the Department of Workforce Services over calendar years 2017-2021
1000 multiplied by 44.5%.
1001 (2) The Department of Workforce Services shall annually determine the estimated
1002 revenue growth from targeted jobs by:
1003 (a) determining the total estimated wages for targeted jobs by:
1004 (i) calculating the simple five-year moving average of total wages in Utah as captured
1005 by the Quarterly Census of Employment and Wages program using the most recent calendar
1006 year for which data is available; and
1007 (ii) multiplying the results of the calculation in Subsection (2)(a)(i) by 44.5%;
1008 (b) determining the change in estimated wages for targeted jobs for the year by
1009 subtracting the baseline amount from the total wages for targeted jobs as described in
1010 Subsection (2)(a); and
1011 (c) multiplying the change in estimated wages for targeted jobs described in Subsection
1012 (2)(b) by 3.3%.
1013 (3) Annually, at least 30 days before the first day of the legislative general session, the
1014 Department of Workforce Services shall report the estimated revenue growth from targeted
1015 jobs to:
1016 (a) The Office of the Legislative Fiscal Analyst;
1017 (b) The Governor's Office of Planning and Budget;
1018 (c) The Division of Finance; and
1019 (d) the commissioner.
1020 (4) Annually, the Department of Workforce Services shall report to the Higher
1021 Education Appropriations Subcommittee on:
1022 (a) the total wages in Utah as captured by the Quarterly Census of Employment and
1023 Wages program for the most recent calendar year for which data is available;
1024 (b) total wages in Utah attributable to four- and five-star jobs that require
1025 postsecondary training as captured by the Occupational Employment and Wage Statistics
1026 program for the most recent survey year for which data is available; and
1027 (c) total wages in Utah for all occupations as captured by the Occupational
1028 Employment and Wage Statistics program for the most recent survey year for which data is
1029 available;
1030 (d) the quotient of total wages in Subsection (4)(a) and total wages in Subsection
1031 (4)(b); and
1032 (e) the quotient of total wages in Subsection (4)(c) and total wages in Subsection
1033 (4)(b).
1034 Section 23. Section 53B-7-705 is amended to read:
1035 53B-7-705. Determination of full new performance funding amount -- Role of
1036 appropriations subcommittee -- Program review.
1037 (1) In accordance with this section, and based on money deposited into the account, the
1038 Legislature shall, as part of the higher education appropriations budget process, annually
1039 determine the full new performance funding amount for each:
1040 (a) degree-granting institution; and
1041 (b) technical college.
1042 (2) [
1043
1044
1045 [
1046 [
1047 (3) (a) The Legislature shall determine a degree-granting institution's full new
1048 performance funding amount based on the degree-granting institution's prior year share of:
1049 (i) full-time equivalent enrollment in all degree-granting institutions; and
1050 (ii) the total state-funded appropriated budget for all degree-granting institutions.
1051 (b) In determining a degree-granting institution's full new performance funding
1052 amount, the Legislature shall give equal weight to the factors described in Subsections (3)(a)(i)
1053 and (ii).
1054 (4) (a) The Legislature shall determine a technical college's full new performance
1055 funding amount based on the technical college's prior year share of:
1056 [
1057 [
1058 (i) full-time equivalent enrollment for all technical colleges; and
1059 (ii) the total state-funded appropriated budget for all technical colleges.
1060 (b) In determining a technical college's full new performance funding amount, the
1061 Legislature shall give equal weight to the factors described in Subsections (4)(a)(i) and (ii).
1062 (5) Annually, at least 30 days before the first day of the legislative general session the
1063 board shall submit a report to the Higher Education Appropriations Subcommittee on each
1064 degree-granting institution's and each technical college's performance.
1065 (6) (a) In accordance with this Subsection (6), and based on the report described in
1066 Subsection (5), the Legislature shall determine for each degree-granting institution and each
1067 technical college:
1068 (i) the portion of the full new performance funding amount earned; and
1069 (ii) the amount of new performance funding to recommend that the Legislature
1070 appropriate, from the account, to the degree-granting institution or technical college.
1071 [
1072 [
1073
1074
1075 [
1076
1077
1078 [
1079 earns the full new performance funding amount if the degree-granting institution or technical
1080 college meets the annual performance goals the board sets under Subsection
1081 53B-7-706(1)(a)(ii).
1082 [
1083
1084
1085 [
1086
1087
1088 [
1089 that does not meet the goals the board sets under Subsection 53B-7-706(1)(a)(ii):
1090 (i) is not eligible to receive the full new performance funding amount; and
1091 (ii) is eligible to receive a prorated amount of the full new performance funding
1092 amount for performance that is greater than zero as measured by the model the board
1093 establishes under Subsection 53B-7-706(1)(a)(i)(B).
1094 [
1095 does not earn the full new performance funding amount as described in Subsection [
1096 (6)(b), the board:
1097 (i) shall set aside the unearned new performance funding; and
1098 (ii) may, at the end of an annual performance goal period within a five-year period for
1099 which the board sets goals under Subsection 53B-7-706(1)(a)(ii), reallocate the funds set aside
1100 under Subsection [
1101 meets or exceeds the degree-granting institution's or technical college's:
1102 (A) previous year's annual performance goal; and
1103 (B) performance goal that the institution previously failed to meet which caused the
1104 funding to be set aside.
1105 (7) An appropriation described in this section is ongoing.
1106 (8) Notwithstanding Section 53B-7-703 and Subsections (6) and (7), the Legislature
1107 may, by majority vote, appropriate or refrain from appropriating money for performance
1108 funding as circumstances require in a particular year.
1109 Section 24. Section 53B-7-706 is amended to read:
1110 53B-7-706. Performance metrics for institutions -- Determination of
1111 performance.
1112 (1) (a) (i) [
1113
1114 for determining a degree-granting institution's or technical college's performance.
1115 (ii) [
1116 (A) set a five-year goal for the Utah System of Higher Education for each metric
1117 described in Subsection [
1118 (B) adopt five-year goals for each degree-granting institution and technical college that
1119 align with each goal described in Subsection (1)(a)(ii)(A)[
1120 (C) ensure the goals the board adopts for each degree-granting institution and technical
1121 college described in Subsection (1)(a)(ii)(B) are sufficiently rigorous to meet the goals
1122 described in Subsection (1)(a)(ii)(A); and
1123 (b) (i) The board shall submit a draft of the model described in this section to the
1124 Higher Education Appropriations Subcommittee and the governor for comments and
1125 recommendations.
1126 (ii) [
1127 (A) submit the model described in Subsection (1)(a)(i) and the goals described in
1128 Subsection (1)(a)(ii) to the Higher Education Appropriations Subcommittee and to the
1129 governor for comments and recommendations; and
1130 (B) consider the comments and recommendations described in Subsection
1131 (1)(b)(ii)(A), and make any necessary changes to the model described in Subsection (1)(a)(i)
1132 and the goals described in Subsection (1)(a)(ii).
1133 (c) [
1134 Appropriations Committee, the Higher Education Appropriations Subcommittee, and the
1135 Education Interim Committee shall prepare and jointly meet to consider legislation for
1136 introduction at the following general legislative session to adopt the goals described in
1137 Subsection (1)(a)(ii).
1138 (2) (a) [
1139
1140
1141
1142
1143
1144
1145 establish the performance model described in Subsection [
1146 following metrics:
1147 [
1148 [
1149 [
1150 (b) [
1151 weights of the metrics described in Subsection [
1152 [
1153
1154
1155 (c) [
1156 the definitions, measures, and relative weights of the metrics described in Subsection
1157 [
1158 mission.
1159 (3) (a) For each degree-granting institution, the board shall annually determine the
1160 degree-granting institution's:
1161 (i) performance; and
1162 (ii) change in performance compared to the degree-granting institution's average
1163 performance over the previous five years.
1164 (b) For each degree-granting institution and technical college, the board shall annually:
1165 (i) adopt annual performance goals for each metric described in Subsection (2)(a)(ii)
1166 that will advance the degree-granting institution or technical college toward achievement of the
1167 five-year goals described in Subsection (1)(a)(ii);
1168 (ii) evaluate performance in meeting the goals described in Subsection (3)(b)(i); and
1169 (iii) include a degree-granting institution's or technical college's performance under this
1170 section in the evaluation described in Subsection 53B-1-402(2)(i).
1171 (4) [
1172
1173
1174
1175 model described in Subsection [
1176 53B-7-705 for determining a degree-granting institution's or technical college's performance
1177 funding.
1178 (5) At the end of each five-year period for which the board sets goals under Subsection
1179 (1)(a)(ii):
1180 (a) the board shall:
1181 (i) review the Utah System of Higher Education's performance in meeting the goals the
1182 board sets under Subsection (1)(a)(ii)(A);
1183 (ii) review each degree-granting institution's and each technical college's performance
1184 in meeting the goals the board sets under Subsection (1)(a)(ii)(B); and
1185 (iii) allocate any funds not allocated under Subsection 53B-7-705(6)(g) to each
1186 degree-granting institution and each technical college that meets or exceeds the goals the board
1187 sets under Subsection (1)(a)(ii)(B); and
1188 (b) the Legislature may appropriate additional funds for the board to allocate to each
1189 degree-granting institution and each technical college that meets or exceeds goals as described
1190 in Subsection (5)(a)(iii).
1191 (6) In year two or three of each five-year period for which the board sets goals under
1192 Subsection (1)(a)(ii), the following committees and the governor shall hold a joint open
1193 meeting to review the goals the board sets under Subsection (1)(a)(ii):
1194 (a) the Executive Appropriations Committee;
1195 (b) the Higher Education Appropriations Subcommittee; and
1196 (c) the Education Interim Committee.
1197 Section 25. Section 53B-8-102 is amended to read:
1198 53B-8-102. Definitions -- Resident student status -- Exceptions.
1199 (1) As used in this section:
1200 (a) "Eligible person" means an individual who is entitled to post-secondary educational
1201 benefits under Title 38 U.S.C., Veterans' Benefits.
1202 (b) "Immediate family member" means an individual's spouse or dependent child.
1203 (c) "Military service member" means an individual who:
1204 (i) is serving on active duty in the United States Armed Forces within the state of Utah;
1205 (ii) is a member of a reserve component of the United States Armed Forces assigned in
1206 Utah;
1207 (iii) is a member of the Utah National Guard; or
1208 (iv) maintains domicile in Utah, as described in Subsection (9)(a), but is assigned
1209 outside of Utah pursuant to federal permanent change of station orders.
1210 (d) "Military veteran" has the same meaning as veteran in Section 68-3-12.5.
1211 (e) "Parent" means a student's biological or adoptive parent.
1212 (2) The meaning of "resident student" is determined by reference to the general law on
1213 the subject of domicile, except as provided in this section.
1214 (3) (a) Institutions within the state system of higher education may grant resident
1215 student status to any student who has come to Utah and established residency for the purpose of
1216 attending an institution of higher education, and who, prior to registration as a resident student:
1217 (i) has maintained continuous Utah residency status for one full year;
1218 (ii) has signed a written declaration that the student has relinquished residency in any
1219 other state; and
1220 (iii) has submitted objective evidence that the student has taken overt steps to establish
1221 permanent residency in Utah and that the student does not maintain a residence elsewhere.
1222 (b) Evidence to satisfy the requirements under Subsection (3)(a)(iii) includes:
1223 (i) a Utah high school transcript issued in the past year confirming attendance at a Utah
1224 high school in the past 12 months;
1225 (ii) a Utah voter registration dated a reasonable period prior to application;
1226 (iii) a Utah driver license or identification card with an original date of issue or a
1227 renewal date several months prior to application;
1228 (iv) a Utah vehicle registration dated a reasonable period prior to application;
1229 (v) evidence of employment in Utah for a reasonable period prior to application;
1230 (vi) proof of payment of Utah resident income taxes for the previous year;
1231 (vii) a rental agreement showing the student's name and Utah address for at least 12
1232 months prior to application; and
1233 (viii) utility bills showing the student's name and Utah address for at least 12 months
1234 prior to application.
1235 (c) A student who is claimed as a dependent on the tax returns of a person who is not a
1236 resident of Utah is not eligible to apply for resident student status.
1237 (4) Except as provided in Subsection (8), an institution within the state system of
1238 higher education may establish stricter criteria for determining resident student status.
1239 (5) If an institution does not have a minimum credit-hour requirement, that institution
1240 shall honor the decision of another institution within the state system of higher education to
1241 grant a student resident student status, unless:
1242 (a) the student obtained resident student status under false pretenses; or
1243 (b) the facts existing at the time of the granting of resident student status have changed.
1244 (6) Within the limits established in Title 53B, Chapter 8, Tuition Waiver and
1245 Scholarships, each institution within the state system of higher education may, regardless of its
1246 policy on obtaining resident student status, waive nonresident tuition either in whole or in part,
1247 but not other fees.
1248 (7) In addition to the waivers of nonresident tuition under Subsection (6), each
1249 institution may, as athletic scholarships, grant full waiver of fees and nonresident tuition, up to
1250 the maximum number allowed by the appropriate athletic conference as recommended by the
1251 president of each institution.
1252 (8) Notwithstanding Subsection (3), an institution within the state system of higher
1253 education shall grant resident student status for tuition purposes to:
1254 (a) a military service member, if the military service member provides:
1255 (i) the military service member's current United States military identification card; and
1256 (ii) (A) a statement from the military service member's current commander, or
1257 equivalent, stating that the military service member is assigned in Utah; or
1258 (B) evidence that the military service member is domiciled in Utah, as described in
1259 Subsection (9)(a);
1260 (b) a military service member's immediate family member, if the military service
1261 member's immediate family member provides:
1262 (i) (A) the military service member's current United States military identification card;
1263 or
1264 (B) the immediate family member's current United States military identification card;
1265 and
1266 (ii) (A) a statement from the military service member's current commander, or
1267 equivalent, stating that the military service member is assigned in Utah; or
1268 (B) evidence that the military service member is domiciled in Utah, as described in
1269 Subsection (9)(a);
1270 (c) a military veteran, regardless of whether the military veteran served in Utah, if the
1271 military veteran provides:
1272 (i) evidence of an honorable or general discharge;
1273 (ii) a signed written declaration that the military veteran has relinquished residency in
1274 any other state and does not maintain a residence elsewhere;
1275 (iii) objective evidence that the military veteran has demonstrated an intent to establish
1276 residency in Utah, which may include any one of the following:
1277 (A) a Utah voter registration card;
1278 (B) a Utah driver license or identification card;
1279 (C) a Utah vehicle registration;
1280 (D) evidence of employment in Utah;
1281 (E) a rental agreement showing the military veteran's name and Utah address; or
1282 (F) utility bills showing the military veteran's name and Utah address;
1283 (d) a military veteran's immediate family member, regardless of whether the military
1284 veteran served in Utah, if the military veteran's immediate family member provides:
1285 (i) evidence of the military veteran's honorable or general discharge;
1286 (ii) a signed written declaration that the military veteran's immediate family member
1287 has relinquished residency in any other state and does not maintain a residence elsewhere; and
1288 (iii) objective evidence that the military veteran's immediate family member has
1289 demonstrated an intent to establish residency in Utah, which may include any one of the items
1290 described in Subsection (8)(c)(iii); [
1291 (e) a foreign service member as defined in the Foreign Service Family Act of 2021 who
1292 is either:
1293 (i) domiciled in Utah, recognizing the individual may not be physically present in the
1294 state due to an assignment; or
1295 (ii) assigned to a duty station in Utah if the foreign service member provides:
1296 (A) evidence of the foreign service member's status;
1297 (B) a statement from the foreign service member's current commander, or equivalent,
1298 stating that the foreign service member is assigned in Utah; or
1299 (C) evidence that the foreign service member is domiciled in Utah;
1300 (f) a foreign service member's immediate family member if the foreign service member
1301 is either:
1302 (i) domiciled in Utah, recognizing the individual may not be physically present in the
1303 state due to an assignment; or
1304 (ii) assigned to a duty station in Utah if the foreign service member provides:
1305 (A) evidence of the foreign service member's status;
1306 (B) a statement from the foreign service member's current commander, or equivalent,
1307 stating that the foreign service member is assigned in Utah; or
1308 (C) evidence that the foreign service member is domiciled in Utah;
1309 [
1310 (i) evidence of eligibility under Title 38 U.S.C., Veterans' Benefits;
1311 (ii) a signed written declaration that the eligible person will use the [
1312 Veteran Benefits under Title 38 U.S.C.; and
1313 (iii) objective evidence that the eligible person has demonstrated an intent to establish
1314 residency in Utah, which may include any one of the items described in Subsection
1315 (8)(c)(iii)[
1316 [
1317 (i) evidence that the alien is a special immigrant visa recipient;
1318 (ii) evidence that the alien has been granted refugee status, humanitarian parole,
1319 temporary protected status, or asylum; or
1320 (iii) evidence that the alien has submitted in good faith an application for refugee
1321 status, humanitarian parole, temporary protected status, or asylum under United States
1322 immigration law.
1323 (9) (a) The evidence described in Subsection (8)(a)(ii)(B) or (8)(b)(ii)(B) includes:
1324 (i) a current Utah voter registration card;
1325 (ii) a valid Utah driver license or identification card;
1326 (iii) a current Utah vehicle registration;
1327 (iv) a copy of a Utah income tax return, in the military service member's or military
1328 service member's spouse's name, filed as a resident in accordance with Section 59-10-502; or
1329 (v) proof that the military service member or military service member's spouse owns a
1330 home in Utah, including a property tax notice for property owned in Utah.
1331 (b) Aliens who are present in the United States on visitor, student, or other visas not
1332 listed in Subsection [
1333 country, do not have the capacity to intend to reside in Utah for an indefinite period and
1334 therefore are classified as nonresidents.
1335 (c) Aliens who have been granted or have applied for permanent resident status in the
1336 United States are classified for purposes of resident student status according to the same
1337 criteria applicable to citizens.
1338 (10) Any American Indian who is enrolled on the tribal rolls of a tribe whose
1339 reservation or trust lands lie partly or wholly within Utah or whose border is at any point
1340 contiguous with the border of Utah, and any American Indian who is a member of a federally
1341 recognized or known Utah tribe and who has graduated from a high school in Utah, is entitled
1342 to resident student status.
1343 (11) A Job Corps student is entitled to resident student status if the student:
1344 (a) is admitted as a full-time, part-time, or summer school student in a program of
1345 study leading to a degree or certificate; and
1346 (b) submits verification that the student is a current Job Corps student.
1347 (12) A person is entitled to resident student status and may immediately apply for
1348 resident student status if the person:
1349 (a) marries a Utah resident eligible to be a resident student under this section; and
1350 (b) establishes his or her domicile in Utah as demonstrated by objective evidence as
1351 provided in Subsection (3).
1352 (13) Notwithstanding Subsection (3)(c), a dependent student who has at least one
1353 parent who has been domiciled in Utah for at least 12 months prior to the student's application
1354 is entitled to resident student status.
1355 (14) (a) A person who has established domicile in Utah for full-time permanent
1356 employment may rebut the presumption of a nonresident classification by providing substantial
1357 evidence that the reason for the individual's move to Utah was, in good faith, based on an
1358 employer requested transfer to Utah, recruitment by a Utah employer, or a comparable
1359 work-related move for full-time permanent employment in Utah.
1360 (b) All relevant evidence concerning the motivation for the move shall be considered,
1361 including:
1362 (i) the person's employment and educational history;
1363 (ii) the dates when Utah employment was first considered, offered, and accepted;
1364 (iii) when the person moved to Utah;
1365 (iv) the dates when the person applied for admission, was admitted, and was enrolled
1366 as a postsecondary student;
1367 (v) whether the person applied for admission to an institution of higher education
1368 sooner than four months from the date of moving to Utah;
1369 (vi) evidence that the person is an independent person who is:
1370 (A) at least 24 years old; or
1371 (B) not claimed as a dependent on someone else's tax returns; and
1372 (vii) any other factors related to abandonment of a former domicile and establishment
1373 of a new domicile in Utah for purposes other than to attend an institution of higher education.
1374 (15) (a) A person who is in residence in Utah to participate in a United States Olympic
1375 athlete training program, at a facility in Utah, approved by the governing body for the athlete's
1376 Olympic sport, shall be entitled to resident status for tuition purposes.
1377 (b) Upon the termination of the athlete's participation in the training program, the
1378 athlete shall be subject to the same residency standards applicable to other persons under this
1379 section.
1380 (c) Time spent domiciled in Utah during the Olympic athlete training program in Utah
1381 counts for Utah residency for tuition purposes upon termination of the athlete's participation in
1382 a Utah Olympic athlete training program.
1383 (16) (a) A person who has established domicile in Utah for reasons related to divorce,
1384 the death of a spouse, or long-term health care responsibilities for an immediate family
1385 member, including the person's spouse, parent, sibling, or child, may rebut the presumption of a
1386 nonresident classification by providing substantial evidence that the reason for the individual's
1387 move to Utah was, in good faith, based on the long-term health care responsibilities.
1388 (b) All relevant evidence concerning the motivation for the move shall be considered,
1389 including:
1390 (i) the person's employment and educational history;
1391 (ii) the dates when the long-term health care responsibilities in Utah were first
1392 considered, offered, and accepted;
1393 (iii) when the person moved to Utah;
1394 (iv) the dates when the person applied for admission, was admitted, and was enrolled
1395 as a postsecondary student;
1396 (v) whether the person applied for admission to an institution of higher education
1397 sooner than four months from the date of moving to Utah;
1398 (vi) evidence that the person is an independent person who is:
1399 (A) at least 24 years old; or
1400 (B) not claimed as a dependent on someone else's tax returns; and
1401 (vii) any other factors related to abandonment of a former domicile and establishment
1402 of a new domicile in Utah for purposes other than to attend an institution of higher education.
1403 (17) A foreign service member or their immediate family member deemed eligible for
1404 resident student status under Subsection (8)(e) or (f) shall retain their eligibility for resident
1405 student status provided they maintain continuous enrollment even if their domicile or duty
1406 station changes.
1407 [
1408 inconsistent with this section:
1409 (a) concerning the definition of resident and nonresident students;
1410 (b) establishing procedures for classifying and reclassifying students;
1411 (c) establishing criteria for determining and judging claims of residency or domicile;
1412 (d) establishing appeals procedures; and
1413 (e) other matters related to this section.
1414 [
1415 tuition if the student:
1416 (a) is a foreign national legally admitted to the United States;
1417 (b) attended high school in this state for three or more years; and
1418 (c) graduated from a high school in this state or received the equivalent of a high
1419 school diploma in this state.
1420 Section 26. Section 53B-8-201 is amended to read:
1421
1422 53B-8-201. Opportunity Scholarship Program.
1423 (1) As used in this section:
1424 (a) "Eligible institution" means:
1425 (i) a degree-granting institution of higher education within the state system of higher
1426 education; or
1427 (ii) a private, nonprofit college or university in the state that is accredited by the
1428 Northwest Commission on Colleges and Universities.
1429 (b) "Eligible student" means a student who:
1430 (i) applies to the board in accordance with the rules described in Subsection (5);
1431 (ii) is enrolled in an eligible institution; and
1432 (iii) meets the criteria established by the board in rules described in Subsection (5).
1433 (c) "Fee" means:
1434 (i) for an eligible institution that is a degree-granting institution, a fee approved by the
1435 board; or
1436 (ii) for an eligible institution that is a technical college, a fee approved by the eligible
1437 institution.
1438 (d) "Program" means the Opportunity Scholarship Program described in this section.
1439 (2) (a) Subject to legislative appropriations, the board shall annually distribute money
1440 for the Opportunity Scholarship Program described in this section to each eligible institution to
1441 award as Opportunity scholarships to eligible students.
1442 (b) The board shall annually determine the amount of an Opportunity scholarship based
1443 on:
1444 (i) the number of eligible students in the state; and
1445 (ii) money available for the program.
1446 (c) The board may not use more than 3% of the money appropriated to the program for
1447 administrative costs and overhead.
1448 (3) (a) Except as provided in this Subsection (3), an eligible institution shall provide to
1449 an eligible student an Opportunity scholarship in the amount determined by the board described
1450 in Subsection (2)(b).
1451 (b) For an Opportunity scholarship for which an eligible student applies on or before
1452 July 1, 2019, an eligible institution may reduce the amount of the Opportunity scholarship
1453 based on other state aid awarded to the eligible student for tuition and fees.
1454 (c) For an Opportunity scholarship for which an eligible student applies after July 1,
1455 2019:
1456 (i) an eligible institution shall reduce the amount of the Opportunity scholarship so that
1457 the total amount of state aid awarded to the eligible student, including tuition or fee waivers
1458 and the Opportunity scholarship, does not exceed the cost of the eligible student's tuition and
1459 fees; and
1460 (ii) the eligible student may only use the Opportunity scholarship for tuition and fees.
1461 (d) An institution described in Subsection (1)(a)(ii) may not award an Opportunity
1462 scholarship to an eligible student in an amount that exceeds the average total cost of tuition and
1463 fees among the eligible institutions described in Subsection (1)(a)(i).
1464 (e) If the allocation for an eligible institution described in Subsection (1)(a)(ii) is
1465 insufficient to provide the amount described in Subsection (2)(b) to each eligible student, the
1466 eligible institution may reduce the amount of an Opportunity scholarship.
1467 (4) The board may:
1468 (a) audit an eligible institution's administration of Opportunity scholarships;
1469 (b) require an eligible institution to repay to the board money distributed to the eligible
1470 institution under this section that is not provided to an eligible student as an Opportunity
1471 scholarship; and
1472 (c) require an eligible institution to enter into a written agreement with the board in
1473 which the eligible institution agrees to provide the board with access to information and data
1474 necessary for the purposes of the program.
1475 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1476 board shall make rules that establish:
1477 (a) requirements related to an eligible institution's administration of Opportunity
1478 scholarships;
1479 (b) a process for a student to apply to the board to determine the student's eligibility for
1480 an Opportunity scholarship;
1481 (c) criteria to determine a student's eligibility for an Opportunity scholarship,
1482 including:
1483 (i) minimum secondary education academic performance standards; and
1484 (ii) the completion of a Free Application for Federal Student Aid or a process approved
1485 by the board in lieu of the Free Application for Federal Student Aid;
1486 (d) a requirement for each eligible institution to annually report to the board on all
1487 Opportunity scholarships awarded by the eligible institution; and
1488 (e) a process for a student to apply to the board for an Opportunity scholarship who
1489 would have likely received the scholarship but for an irreconcilable error in the application
1490 process described in Subsection (5)(b).
1491 (6) The board shall annually report on the program to the Higher Education
1492 Appropriations Subcommittee.
1493 (7) The State Board of Education, a school district, or a public high school shall
1494 cooperate with the board and eligible institutions to facilitate the program, including by
1495 exchanging relevant data where allowed by law.
1496 Section 27. Section 53B-8a-105 is amended to read:
1497 53B-8a-105. Powers and duties of board.
1498 (1) There is created the Utah Education Savings Board of Trustees.
1499 (2) The Utah Board of Higher Education shall:
1500 (a) appoint the members of the board as follows:
1501 (i) not more than three members from the Utah Board of Higher Education; and
1502 (ii) at least four public members, each of whom possesses skills in one or more of the
1503 following:
1504 (A) investments;
1505 (B) accounting;
1506 (C) finance;
1507 (D) banking;
1508 (E) education;
1509 (F) technology; or
1510 (G) financial operations; and
1511 (b) designate a member appointed under Subsection (2)(a) as chair.
1512 (3) Each board member serves at the pleasure of the Utah Board of Higher Education.
1513 (4) The board has all powers necessary to carry out and effectuate the purposes,
1514 objectives, and provisions of this chapter pertaining to the plan.
1515 (5) The board shall act as a fiduciary of the plan with:
1516 (a) a duty of care to act solely in the best interest of the plan's account owners and
1517 beneficiaries;
1518 (b) a duty of loyalty putting the plan's interest ahead of other interests; and
1519 (c) a duty to invest with care, skill, prudence, and diligence.
1520 (6) The duties, responsibilities, funds, liabilities, and expenses of the board in oversight
1521 and governance of the plan shall be maintained separate and apart from the Utah Board of
1522 Higher Education's other duties, responsibilities, funds, liabilities, and expenses.
1523 (7) The board shall:
1524 (a) make policies governing the administration of the plan; and
1525 (b) amend policies related to board governance.
1526 (8) (a) The board may appoint advisory committees to aid the board in fulfilling its
1527 duties and responsibilities.
1528 (b) An advisory committee member may receive compensation and be reimbursed for
1529 reasonable expenses incurred in the performance of the member's official duties as determined
1530 by the board.
1531 [
1532
1533
1534 [
1535 [
1536 [
1537
1538 Section 28. Section 53B-13-103 is amended to read:
1539 53B-13-103. Powers of Utah Board of Higher Education.
1540 The [
1541 purposes of this chapter, including the following:
1542 (1) to accept gifts, grants, loans, and other aids or amounts from a person, corporation,
1543 or governmental agency;
1544 (2) to loan money to eligible borrowers to assist them in obtaining a post-high school
1545 education by attending an eligible institution, including refinancing or consolidating
1546 obligations previously incurred by eligible borrowers with other lending sources for this
1547 purpose and participating in loans to eligible borrowers for this purpose with other lending
1548 sources;
1549 (3) to acquire, purchase, or make commitments to purchase, and take assignments from
1550 lenders of obligations. No obligation is eligible for acquisition, purchase, or commitment to
1551 purchase by the board unless at or before the time of transfer to the board the lender certifies
1552 either: (a) that, under and to the extent required by rules and regulations of the board, the
1553 proceeds of sale or its equivalent shall be reinvested in other obligations under the student loan
1554 program; or (b) that the obligation was made in anticipation of its sale to the board under rules
1555 and regulations of the board promulgated under this chapter;
1556 (4) to enforce its rights under a contract or agreement including the commencement of
1557 court action;
1558 (5) to acquire, hold, and dispose of real and personal property necessary for the
1559 accomplishment of the purposes of this chapter;
1560 (6) to obtain insurance against losses which may be incurred in connection with its
1561 property, assets, activities, or the exercise of the powers granted under this chapter;
1562 (7) to borrow money and to issue its bonds and provide for the rights of bondholders
1563 and to secure the bonds by assignment, pledge, or granting a security interest in its property
1564 including all or a part of an obligation. The state is not liable for the repayment of bonds
1565 issued by the board. The bonds issued by the board are not a debt of the state, and each bond
1566 shall contain on its face a statement to this effect;
1567 (8) to invest funds not required for immediate use or disbursement as provided in the
1568 State Money Management Act;
1569 (9) subject to a contract with the holders of its bonds, an applicable bond resolution, or
1570 a contract with the recipient of a loan, to consent to the modification, with respect to security,
1571 rate of interest, time of payment of interest or principal, or other term of a bond contract or
1572 agreement between the board and a recipient of a loan, bondholder, or agency or institution
1573 guaranteeing the repayment of an obligation;
1574 (10) to engage and [
1575 consultants to render and perform professional and technical duties, assistance, and advice in
1576 carrying out the purposes of this chapter, to describe their duties, and to fix the amount and
1577 source of their compensation;
1578 (11) to make rules and regulations governing the activities authorized under this
1579 chapter;
1580 (12) to solicit grants and contributions from the public or from any government or
1581 governmental agency and to arrange for the guaranteeing of the repayment of obligations by
1582 other agencies of this state or the United States;
1583 (13) to collect fees and charges in connection with its loans, commitments, and
1584 servicing, including reimbursement of the costs of financing, service charges, and insurance
1585 premiums which are determined as reasonable and are approved by the board;
1586 (14) to sell obligations held by the board at such prices and at such times as it may
1587 determine, when that sale would not impair the rights or interests of holders of bonds issued by
1588 the board; and
1589 (15) to participate in federal programs supporting loans to eligible borrowers and to
1590 agree to, and comply with, the conditions of those programs.
1591 Section 29. Section 53B-16-102 is amended to read:
1592 53B-16-102. Changes in curriculum -- Substantial alterations in institutional
1593 operations -- Program approval -- Periodic review of programs -- Career and technical
1594 education curriculum changes.
1595 (1) As used in this section:
1596 (a) "Institution of higher education" means an institution described in Section
1597 53B-1-102.
1598 (b) "Program of instruction" means a program of curriculum that leads to the
1599 completion of a degree, diploma, certificate, or other credential.
1600 (2) (a) Under procedures and policies approved by the board and developed in
1601 consultation with each institution of higher education, each institution of higher education may
1602 make such changes in the institution of higher education's curriculum as necessary to better
1603 effectuate the institution of higher education's primary role[
1604 (b) subject to Subsection (2)(a), an institution of higher education's faculty shall
1605 establish and have primary responsibility for the curriculum of a course within a program of
1606 instruction at the institution.
1607 (3) The board shall establish criteria for whether an institution of higher education may
1608 approve a new program of instruction, including criteria related to whether:
1609 (a) the program of instruction meets identified workforce needs;
1610 (b) the institution of higher education is maximizing collaboration with other
1611 institutions of higher education to provide for efficiency in offering the program of instruction;
1612 (c) the new program of instruction is within the institution of higher education's
1613 mission and role; and
1614 (d) the new program of instruction meets other criteria determined by the board.
1615 (4) (a) Except as [
1616 permitted by board policy, an institution of higher education may not[
1617 extension center, college, or professional school[
1618 [
1619 (b) [
1620 the institution of higher education's board of trustees, establish a new program of instruction
1621 that meets the criteria described in Subsection (3), subject to board review for pathway
1622 articulation.
1623 (5) (a) An institution of higher education shall notify the board of a proposed new
1624 program of instruction, including how the proposed new program of instruction meets the
1625 criteria described in Subsection (3).
1626 (b) The board shall establish procedures and guidelines for institutional boards of
1627 trustees to consider an institutional proposal for a new program of instruction described in
1628 Subsection (4)(b).
1629 (6) The president of an institution of higher education may discontinue a program of
1630 instruction in accordance with criteria established by the president and the institution of higher
1631 education's board of trustees.
1632 [
1633 instruction, including those funded by gifts, grants, and contracts, no later than two years after
1634 the first cohort to begin the program of instruction completes the program of instruction.
1635 (b) The board may conduct a periodic review of any program of instruction at an
1636 institution of higher education, including a program of instruction funded by a gift, grant, or
1637 contract.
1638 (c) The board shall conduct:
1639 (i) at least once every seven years, at least one review described in Subsection [
1640 (7)(b) of each program of instruction at each institution; and
1641 (ii) annually, a qualitative and quantitative review of academic disciplines across the
1642 system, including enrollment, graduation rates, and workforce placement, ensuring that the
1643 board conducts a review of all disciplines within the system at least once every seven years.
1644 (d) Following a review described in this Subsection [
1645 relevant institution of higher education an opportunity to respond to the board's review of a
1646 given program of instruction, the board may modify, consolidate, or terminate the program of
1647 instruction.
1648 [
1649 changes, the board shall coordinate on behalf of the boards of trustees of higher education
1650 institutions a review of the proposed changes by the State Board of Education to ensure an
1651 orderly and systematic career and technical education curriculum that eliminates overlap and
1652 duplication of course work with high schools and technical colleges.
1653 (9) The board shall demonstrate compliance with Subsection (7) by:
1654 (a) creating a list of programs and corresponding review schedules;
1655 (b) upon request of the Higher Education Appropriations Subcommittee, providing the
1656 list described in Subsection (9)(a); and
1657 (c) providing a written report by October 1 of each year regarding relevant findings
1658 from the reviews conducted under Subsection (7).
1659 (10) By October 1, 2026, if the board is found by the Higher Education Appropriations
1660 Subcommittee to be out of compliance with Subsection (9), the Legislature shall:
1661 (a) deduct 10% of the appropriation described in Section 53B-7-703 for the following
1662 fiscal year; and
1663 (b) deduct an additional 10% of the appropriation described in Section 53B-7-703 for
1664 each subsequent year of noncompliance up to a maximum deduction of 30%.
1665 Section 30. Section 53B-17-1203 is amended to read:
1666 53B-17-1203. SafeUT and School Safety Commission established -- Members.
1667 (1) There is created the SafeUT and School Safety Commission composed of the
1668 following members:
1669 (a) one member who represents the Office of the Attorney General, appointed by the
1670 attorney general;
1671 (b) one member who represents the Utah public education system, appointed by the
1672 State Board of Education;
1673 (c) [
1674 designee of the Utah Board of Higher Education, selected by the commissioner under direction
1675 of the board;
1676 (d) one member who represents the Department of Health and Human Services,
1677 appointed by the executive director of the Department of Health and Human Services;
1678 (e) one member of the House of Representatives, appointed by the speaker of the
1679 House of Representatives;
1680 (f) one member of the Senate, appointed by the president of the Senate;
1681 (g) one member who represents the University Neuropsychiatric Institute, appointed by
1682 the chair of the commission;
1683 (h) one member who represents law enforcement who has extensive experience in
1684 emergency response, appointed by the chair of the commission;
1685 (i) one member who represents the Department of Health and Human Services who has
1686 experience in youth services or treatment services, appointed by the executive director of the
1687 Department of Health and Human Services; and
1688 (j) two members of the public, appointed by the chair of the commission.
1689 (2) (a) Except as provided in Subsection (2)(b), members of the commission shall be
1690 appointed to four-year terms.
1691 (b) The length of the terms of the members shall be staggered so that approximately
1692 half of the committee is appointed every two years.
1693 (c) When a vacancy occurs in the membership of the commission, the replacement
1694 shall be appointed for the unexpired term.
1695 (3) (a) The attorney general's designee shall serve as chair of the commission.
1696 (b) The chair shall set the agenda for commission meetings.
1697 (4) Attendance of a simple majority of the members constitutes a quorum for the
1698 transaction of official commission business.
1699 (5) Formal action by the commission requires a majority vote of a quorum.
1700 (6) (a) Except as provided in Subsection (6)(b), a member may not receive
1701 compensation, benefits, per diem, or travel expenses for the member's service.
1702 (b) Compensation and expenses of a member who is a legislator are governed by
1703 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
1704 (7) The Office of the Attorney General shall provide staff support to the commission.
1705 Section 31. Section 53B-22-102 is amended to read:
1706 53B-22-102. Utah State University revenue bonds -- Student family housing and
1707 Human Resource Research Center.
1708 (1) The [
1709 behalf of Utah State University, may issue, sell, and deliver revenue bonds or other evidences
1710 of indebtedness of Utah State University to borrow money on the credit of the income and
1711 revenues of Utah State University, other than appropriations of the Legislature, to finance the
1712 cost of constructing, furnishing, and equipping a student family housing project and a Human
1713 Resource Research Center.
1714 (2) The bonds or other evidences of indebtedness authorized by this section may not
1715 exceed $6,600,000 for the student family housing project and $6,000,000 for the Human
1716 Resource Research Center, and shall be issued in accordance with Title 53B, Chapter 21,
1717 Revenue Bonds, under such terms and conditions and in such amounts as the board, by
1718 resolution, determines are reasonable and necessary.
1719 Section 32. Section 53B-22-103 is amended to read:
1720 53B-22-103. Weber State University revenue bonds -- Student services building.
1721 (1) The [
1722 behalf of Weber State University, may issue, sell, and deliver revenue bonds or other evidences
1723 of indebtedness of Weber State University to borrow money on the credit of the income and
1724 revenues of Weber State University, other than appropriations of the Legislature, to finance the
1725 partial cost of constructing, furnishing, and equipping a student services building.
1726 (2) The bonds or other evidences of indebtedness authorized by this section may not
1727 exceed $5,800,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue
1728 Bonds, under such terms and conditions and in such amounts as the board, by resolution,
1729 determines are reasonable and necessary.
1730 Section 33. Section 53B-22-104 is amended to read:
1731 53B-22-104. Southern Utah University revenue bonds -- Student housing and
1732 student center addition.
1733 (1) The [
1734 behalf of Southern Utah University, may issue, sell, and deliver revenue bonds or other
1735 evidences of indebtedness of Southern Utah University to borrow money on the credit of the
1736 income and revenues of Southern Utah University, other than appropriations of the Legislature,
1737 to finance the cost of constructing, furnishing, and equipping a student housing project and a
1738 student center addition.
1739 (2) The bonds or other evidences of indebtedness authorized by this section may not
1740 exceed $6,000,000 for the student housing project and $5,500,000 for the student center
1741 addition and shall be issued in accordance with Title 53B, Chapter 21, Revenue Bonds, under
1742 terms and conditions and in amounts that the board, by resolution, determines are reasonable
1743 and necessary.
1744 Section 34. Section 53B-22-105 is amended to read:
1745 53B-22-105. Utah Tech University revenue bonds -- Student center building.
1746 (1) The [
1747 behalf of [
1748 other evidences of indebtedness of [
1749 the credit of the income and revenues of [
1750 appropriations of the Legislature, to finance the partial cost of constructing, furnishing, and
1751 equipping a student center building.
1752 (2) The bonds or other evidences of indebtedness authorized by this section may not
1753 exceed $3,100,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue
1754 Bonds, under such terms and conditions and in such amounts as the board, by resolution,
1755 determines are reasonable and necessary.
1756 Section 35. Section 53B-22-106 is amended to read:
1757 53B-22-106. Utah Valley University revenue bonds -- Student center addition.
1758 (1) The [
1759 behalf of Utah Valley [
1760 other evidences of indebtedness of Utah Valley State College to borrow money on the credit of
1761 the income and revenues of Utah Valley State College, other than appropriations of the
1762 Legislature, to finance the cost of constructing, furnishing, and equipping a student center
1763 addition.
1764 (2) The bonds or other evidences of indebtedness authorized by this section may not
1765 exceed $13,500,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue
1766 Bonds, under such terms and conditions and in such amounts as the board, by resolution,
1767 determines are reasonable and necessary.
1768 Section 36. Section 53B-22-107 is amended to read:
1769 53B-22-107. Salt Lake Community College revenue bonds -- Classroom/physical
1770 education facility.
1771 (1) The [
1772 behalf of Salt Lake Community College, may issue, sell, and deliver revenue bonds or other
1773 evidences of indebtedness of Salt Lake Community College to borrow money on the credit of
1774 the income and revenues of Salt Lake Community College, other than appropriations of the
1775 Legislature, to finance the partial cost of constructing, furnishing, and equipping a
1776 classroom/physical education facility.
1777 (2) The bonds or other evidences of indebtedness authorized by this section may not
1778 exceed $5,500,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue
1779 Bonds, under such terms and conditions and in such amounts as the board, by resolution,
1780 determines are reasonable and necessary.
1781 Section 37. Section 53B-22-109 is amended to read:
1782 53B-22-109. Salt Lake Community College revenue bonds -- Science/major
1783 industry building.
1784 (1) The [
1785 behalf of Salt Lake Community College, may issue, sell, and deliver revenue bonds or other
1786 evidences of indebtedness of Salt Lake Community College to borrow money on the credit of
1787 the income and revenues of Salt Lake Community College, other than appropriations of the
1788 Legislature, to finance the partial cost of constructing, furnishing, and equipping a
1789 science/major industry building.
1790 (2) The bonds or other evidences of indebtedness authorized by this section may not
1791 exceed $5,150,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue
1792 Bonds, under terms and conditions and in amounts that the board, by resolution, determines are
1793 reasonable and necessary.
1794 Section 38. Section 53B-22-111 is amended to read:
1795 53B-22-111. Southern Utah University revenue bonds -- Stadium expansion.
1796 (1) The [
1797 behalf of Southern Utah University, may issue, sell, and deliver revenue bonds or other
1798 evidences of indebtedness of Southern Utah University to borrow money on the credit of the
1799 income and revenues of Southern Utah University, other than appropriations of the Legislature,
1800 to finance the phased expansion of the stadium at the university.
1801 (2) The bonds or other evidences of indebtedness authorized by this section may not
1802 exceed $5,500,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue
1803 Bonds, under terms and conditions and in amounts that the board, by resolution, determines are
1804 reasonable and necessary.
1805 Section 39. Section 53B-22-112 is amended to read:
1806 53B-22-112. University of Utah revenue bonds -- Biology research building.
1807 (1) The [
1808 behalf of the University of Utah, may issue, sell, and deliver revenue bonds or other evidences
1809 of indebtedness of the University of Utah to borrow money on the credit of the income and
1810 revenues of the University of Utah, other than appropriations of the Legislature, to finance the
1811 partial cost of constructing, furnishing, and equipping a biology research building.
1812 (2) The bonds or other evidences of indebtedness authorized by this section may not
1813 exceed $21,050,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue
1814 Bonds, under terms and conditions and in amounts that the board, by resolution, determines are
1815 reasonable and necessary.
1816 Section 40. Section 53B-22-113 is amended to read:
1817 53B-22-113. University of Utah revenue bonds -- Robert L. Rice Stadium
1818 renovation and expansion.
1819 (1) The [
1820 behalf of the University of Utah, may issue, sell, and deliver revenue bonds or other evidences
1821 of indebtedness of the University of Utah to borrow money on the credit of the income and
1822 revenues of the University of Utah, other than appropriations of the Legislature, to finance the
1823 partial cost of constructing, furnishing, and equipping a renovation and expansion of the Robert
1824 L. Rice Stadium.
1825 (2) The bonds or other evidences of indebtedness authorized by this section may not
1826 exceed $12,000,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue
1827 Bonds, under terms and conditions and in amounts that the board, by resolution, determines are
1828 reasonable and necessary.
1829 Section 41. Section 53B-22-114 is amended to read:
1830 53B-22-114. Utah State University Eastern revenue bonds -- Student center.
1831 (1) The [
1832 behalf of the [
1833 revenue bonds or other evidences of indebtedness of the College of Eastern Utah to borrow
1834 money on the credit of the income and revenues of the College of Eastern Utah, other than
1835 appropriations of the Legislature, to finance the partial cost of constructing, furnishing, and
1836 equipping a student center.
1837 (2) The bonds or other evidences of indebtedness authorized by this section may not
1838 exceed $3,300,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue
1839 Bonds, under terms and conditions and in amounts that the board, by resolution, determines are
1840 reasonable and necessary.
1841 Section 42. Section 53B-22-204 is amended to read:
1842 53B-22-204. Funding request for capital development project -- Legislative
1843 approval -- Board prioritization, approval, and review.
1844 (1) In accordance with this section, an institution is required to receive legislative
1845 approval in an appropriations act for a dedicated project or a nondedicated project.
1846 (2) An institution shall submit to the board a proposal for a funding request for each
1847 dedicated project or nondedicated project for which the institution seeks legislative approval.
1848 (3) The board shall:
1849 (a) review each proposal submitted under Subsection (2) to ensure the proposal:
1850 (i) is cost effective and an efficient use of resources;
1851 (ii) is consistent with the institution's mission and master plan; and
1852 (iii) fulfills a critical institutional facility need;
1853 (b) based on the results of the board's review under Subsection (3)(a), create:
1854 (i) a list of approved dedicated projects; and
1855 (ii) a list of approved nondedicated projects, prioritized in accordance with Subsection
1856 (5); and
1857 (c) submit the lists described in Subsection (3)(b) to:
1858 (i) the governor;
1859 (ii) the Infrastructure and General Government Appropriations Subcommittee;
1860 (iii) the Higher Education Appropriations Subcommittee; and
1861 (iv) the Division of Facilities Construction and Management for a:
1862 (A) recommendation, for the list described in Subsection (3)(b)(i); or
1863 (B) recommendation and prioritization, for the list described in Subsection (3)(b)(ii).
1864 (4) A dedicated project:
1865 (a) is subject to the recommendation of the Division of Facilities Construction and
1866 Management as described in Section 63A-5b-403; and
1867 (b) is not subject to the prioritization of the Division of Facilities Construction and
1868 Management as described in Section 63A-5b-403.
1869 (5) (a) Subject to Subsection (6), the board shall prioritize institution requests for
1870 funding for nondedicated projects based on:
1871 (i) capital facility need;
1872 (ii) utilization of facilities;
1873 (iii) maintenance and condition of facilities; and
1874 (iv) any other factor determined by the board.
1875 (b) On or before August 1, 2019, the board shall establish how the board will prioritize
1876 institution requests for funding for nondedicated projects, including:
1877 (i) how the board will measure each factor described in Subsection (5)(a); and
1878 (ii) procedures for prioritizing requests.
1879 (6) (a) Subject to Subsection (6)(b), and in accordance with Subsection (5), the board
1880 may annually prioritize:
1881 (i) up to three nondedicated projects if the ongoing appropriation to the fund is less
1882 than $50,000,000;
1883 (ii) up to two nondedicated projects if the ongoing appropriation to the fund is at least
1884 $50,000,000 but less than $100,000,000; or
1885 (iii) one nondedicated project if the ongoing appropriation to the fund is at least
1886 $100,000,000.
1887 (b) For each calendar year beginning on or after January 1, 2020, the dollar amounts
1888 described in Subsection (6)(a) shall be adjusted by an amount equal to the percentage
1889 difference between:
1890 (i) the Consumer Price Index for the 2019 calendar year; and
1891 (ii) the Consumer Price Index for the previous calendar year.
1892 (7) (a) An institution may request operations and maintenance funds for a capital
1893 development project approved under this section.
1894 (b) An institution shall make the request described in Subsection (7)(a) at the same
1895 time as the institution submits the proposal described in Subsection (2).
1896 [
1897 (7)(a).
1898 (8) After an institution completes a capital development project described in this
1899 section, the board shall review the capital development project, including the costs and design
1900 of the capital development project.
1901 Section 43. Section 53B-23-106 is amended to read:
1902 53B-23-106. Institution to make policy.
1903 (1) As used in this section, "institution" means an institution listed in Section
1904 53B-1-102.
1905 (2) [
1906
1907 implementation and administration, including [
1908 [
1909 success";
1910 [
1911 nonprinted materials pursuant to Section 53B-23-103 and the conversion of mathematics and
1912 science materials pursuant to Section 53B-23-102; and
1913 [
1914 pursuant to Section 53B-23-103.
1915 Section 44. Section 53B-27-405 is amended to read:
1916 53B-27-405. Student religious accommodations.
1917 (1) An institution shall:
1918 (a) reasonably accommodate a student's absence from an examination or other
1919 academic requirement under the circumstances described in Subsection (2) for reasons of:
1920 (i) the student's faith or conscience; or
1921 (ii) the student's participation in an organized activity conducted under the auspices of
1922 the student's religious tradition or religious organization; and
1923 (b) ensure that an accommodation described in Subsection (1)(a) does not adversely
1924 impact the student's academic opportunities.
1925 (2) An institution shall make an accommodation described in Subsection (1) if:
1926 (a) the time at which an examination or academic requirement is scheduled to occur
1927 creates an undue hardship for a student due to the student's sincerely held religious belief; and
1928 (b) the student provides a written notice to the instructor of the course for which the
1929 student seeks the accommodation regarding the date of the examination or academic
1930 requirement for which the student seeks the accommodation.
1931 (3) [
1932 described in Subsection (1) that:
1933 (a) require [
1934 student participates in examinations and other academic requirements;
1935 (b) allow an instructor who receives a notice described in Subsection (2)(b) to:
1936 (i) schedule an alternative examination time before or after the regularly scheduled
1937 examination; or
1938 (ii) make accommodations for other academic requirements related to the
1939 accommodation; and
1940 (c) require an instructor who receives a notice described in Subsection (2)(b) to keep
1941 confidential a student's request for the accommodation.
1942 (4) (a) The [
1943 (i) create a list of the dates of religious holidays for the following two years; and
1944 (ii) distribute the list described in Subsection (4)(a) to an institution.
1945 (b) The creation and distribution of the list described in Subsection (4)(a) does not
1946 prohibit a student from seeking, or an institution from granting, an accommodation for a date
1947 of a religious holiday that is not included on that list.
1948 (5) An institution shall:
1949 (a) designate a point of contact for information about an accommodation described in
1950 Subsection (1);
1951 (b) establish a process by which a student may submit a grievance with regards to
1952 implementation of this section; and
1953 (c) publish the following information on the institution's website and update the
1954 information annually:
1955 (i) the [
1956 (3);
1957 (ii) the point of contact described in Subsection (5)(a);
1958 (iii) the list described in Subsection (4);
1959 (iv) a description of the general procedure to request an accommodation described in
1960 Subsection (1); and
1961 (v) the grievance process described in Subsection (5)(b).
1962 Section 45. Section 53B-28-401 is amended to read:
1963 53B-28-401. Campus safety plans and training -- Institution duties -- Governing
1964 board duties.
1965 (1) As used in this section:
1966 (a) "Covered offense" means:
1967 (i) sexual assault;
1968 (ii) domestic violence;
1969 (iii) dating violence; or
1970 (iv) stalking.
1971 (b) "Institution" means an institution of higher education described in Section
1972 53B-1-102.
1973 (c) "Student organization" means a club, group, sports team, fraternity or sorority, or
1974 other organization:
1975 (i) of which the majority of members is composed of students enrolled in an institution;
1976 and
1977 (ii) (A) that is officially recognized by the institution; or
1978 (B) seeks to be officially recognized by the institution.
1979 (2) An institution shall develop a campus safety plan that addresses:
1980 (a) where an individual can locate the institution's policies and publications related to a
1981 covered offense;
1982 (b) institution and community resources for a victim of a covered offense;
1983 (c) the rights of a victim of a covered offense, including the measures the institution
1984 takes to ensure, unless otherwise provided by law, victim confidentiality throughout all steps in
1985 the reporting and response to a covered offense;
1986 (d) how the institution informs the campus community of a crime that presents a threat
1987 to the campus community;
1988 (e) availability, locations, and methods for requesting assistance of security personnel
1989 on the institution's campus;
1990 (f) guidance on how a student may contact law enforcement for incidents that occur off
1991 campus;
1992 (g) institution efforts related to increasing campus safety, including efforts related to
1993 the institution's increased response in providing services to victims of a covered offense, that:
1994 (i) the institution made in the preceding 18 months; and
1995 (ii) the institution expects to make in the upcoming 24 months;
1996 (h) coordination and communication between institution resources and organizations,
1997 including campus law enforcement;
1998 (i) institution coordination with local law enforcement or community resources,
1999 including coordination related to a student's safety at an off-campus location; and
2000 (j) how the institution requires a student organization to provide the campus safety
2001 training as described in Subsection (5).
2002 (3) An institution shall:
2003 (a) prominently post the institution's campus safety plan on the institution's website and
2004 each of the institution's campuses; and
2005 (b) annually update the institution's campus safety plan.
2006 (4) An institution shall develop a campus safety training curriculum that addresses:
2007 (a) awareness and prevention of covered offenses, including information on institution
2008 and community resources for a victim of a covered offense;
2009 (b) bystander intervention; and
2010 (c) sexual consent.
2011 (5) An institution shall require a student organization, in order for the student
2012 organization to receive or maintain official recognition by the institution, to annually provide
2013 campus safety training, using the curriculum described in Subsection (4), to the student
2014 organization's members.
2015 (6) [
2016
2017
2018
2019 Law Enforcement and Criminal Justice Interim Committee, at or before the committees'
2020 November meetings, on[
2021
2022 53B-28-403(2).
2023 Section 46. Section 53B-28-502 is amended to read:
2024 53B-28-502. State student data protection governance.
2025 (1) The state privacy officer shall establish a higher education privacy advisory group
2026 to advise institutions and institution boards of trustees on student data protection.
2027 (2) The advisory group shall consist of:
2028 (a) the state privacy officer;
2029 (b) the higher education privacy officer; and
2030 (c) the following members, appointed by the commissioner [
2031 (i) at least one Utah [
2032 employee; and
2033 (ii) at least one representative of the Utah Board of Higher Education.
2034 (3) The advisory group shall:
2035 (a) discuss and make recommendations to the board and institutions regarding:
2036 (i) existing and proposed:
2037 (A) board rules; or
2038 (B) board policies of the Utah Board of Higher Education or institutions; and
2039 (ii) training on protecting student data privacy; and
2040 (b) perform other tasks related to student data protection as designated by the Utah
2041 Board of Higher Education.
2042 (4) The higher education privacy officer shall:
2043 (a) provide training and support to institution boards and employees; and
2044 (b) produce:
2045 (i) resource materials;
2046 (ii) model data governance plans;
2047 (iii) model forms for institution student data protection governance; and
2048 (iv) a model data collection notice.
2049 (5) The board shall:
2050 (a) (i) create and maintain a data governance plan; and
2051 (ii) annually publish the data governance plan on the Utah System of Higher Education
2052 website; and
2053 (b) establish standards for:
2054 (i) institution policies to protect student data;
2055 (ii) institution data governance plans; and
2056 (iii) a third-party contractor's use of student data.
2057 Section 47. Section 53B-33-202 is amended to read:
2058 53B-33-202. Utah Data Research Advisory Board -- Composition -- Appointment.
2059 (1) There is created the Utah Data Research Advisory Board.
2060 (2) The advisory board is composed of the following members:
2061 (a) the state superintendent of the State Board of Education or the state superintendent's
2062 designee;
2063 (b) the commissioner or the commissioner's designee;
2064 (c) the executive director of the Department of Workforce Services or the executive
2065 director's designee;
2066 (d) the executive director of the Department of Health and Human Services or the
2067 executive director's designee; and
2068 (e) the executive director of the Department of Commerce or the executive director's
2069 designee.
2070 (3) The commissioner or the commissioner's designee shall serve as chair.
2071 (4) A member of the advisory board:
2072 (a) except to the extent a member's service on the advisory board is related to the
2073 member's duties outside of the advisory board, may not receive compensation or benefits for
2074 the member's service; and
2075 (b) may receive per diem and travel expenses in accordance with:
2076 (i) Section 63A-3-106;
2077 (ii) Section 63A-3-107; and
2078 (iii) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
2079 Section 48. Section 53B-34-110 is enacted to read:
2080 53B-34-110. Talent advisory councils.
2081 (1) As used in this section:
2082 (a) "Advisory council" means an advisory council the talent board creates under
2083 Subsection (10).
2084 (b) "Institution of higher education" means the same as the term is defined in Section
2085 53B-1-102.
2086 (c) "Talent initiative" means an initiative the state board creates under Subsection (2).
2087 (2) (a) Subject to appropriations from the Legislature and in accordance with the
2088 proposal process and other provisions of this section, the state board shall develop and oversee
2089 one or more talent initiatives that include providing funding for expanded programs at an
2090 institution of higher education related to the talent initiative.
2091 (b) (i) The state board may create a talent initiative.
2092 (ii) A talent initiative the state board creates shall:
2093 (A) have a name for the talent initiative that reflects the area the initiative is targeting;
2094 (B) contain an outline of the disciplines, industries, degrees, certifications, credentials,
2095 and types of skills the talent initiative will target; and
2096 (C) have a corresponding advisory council created in Subsection (10).
2097 (3) In creating a talent initiative, the state board shall facilitate collaborations between
2098 an institution of higher education and participating employers that:
2099 (a) create expanded, multidisciplinary programs or stackable credential programs
2100 offered at a technical college, undergraduate, or graduate level of study; and
2101 (b) prepare students to be workforce participants in jobs requiring skills related to a
2102 talent initiative.
2103 (4) (a) An institution of higher education seeking to partner with one or more
2104 participating employers to create a program related to a talent initiative shall submit a proposal
2105 to the talent board through a process the talent board creates.
2106 (b) An institution of higher education shall submit a proposal that contains:
2107 (i) a description of the proposed program including:
2108 (A) implementation timelines for the program;
2109 (B) a demonstration of how the program will be responsive to the talent needs related
2110 to the talent initiative;
2111 (C) an outline of relevant industry involvement that includes at least one participating
2112 employer that is partnering with the institution of higher education; and
2113 (D) an explanation of how the program addresses an unmet regional workforce need
2114 related to a talent initiative;
2115 (ii) an estimate of:
2116 (A) projected student enrollment and completion rates for a program;
2117 (B) the academic credit or credentials that a program will provide; and
2118 (C) occupations a graduate will qualify for;
2119 (iii) evidence that each participating employer is committed to participating and
2120 contributing to the program by providing any combination of:
2121 (A) instruction;
2122 (B) curriculum review;
2123 (C) feedback regarding effectiveness of program graduates as employees;
2124 (D) work-based learning opportunities; or
2125 (E) mentoring;
2126 (iv) a description of any resources a participating employer will provide within the
2127 program; and
2128 (v) the amount of funding requested for the program, including:
2129 (A) the justification for the funding; and
2130 (B) the cost per student served as estimated under Subsection (4)(b)(ii).
2131 (5) In reviewing a proposal, the talent board shall provide a proposal to the relevant
2132 advisory council described in Subsections (10) and (11).
2133 (6) The relevant advisory council shall:
2134 (a) review and prioritize each proposal received; and
2135 (b) recommend to the talent board whether the proposal should be funded and the
2136 funding amount that shall be based on:
2137 (i) the quality and completeness of the elements of the proposal described in
2138 Subsection (4)(b);
2139 (ii) to what extent the proposed program:
2140 (A) would expand the capacity to meet state or regional workforce needs related to the
2141 talent initiative;
2142 (B) would integrate industry-relevant competencies with disciplinary expertise;
2143 (C) would incorporate internships or significant project experiences, including
2144 team-based experiences;
2145 (D) identifies how industry professionals would participate in elements described in
2146 Subsection (4)(b)(iii); and
2147 (E) would be cost effective; and
2148 (iii) other relevant criteria as determined by the relevant advisory council and the talent
2149 board.
2150 (7) The state board shall review the recommendations of an advisory council and may
2151 provide funding for a program related to a talent initiative using the criteria described in
2152 Subsection (6)(b).
2153 (8) In a form approved by the state board, each institution of higher education that
2154 receives funding shall annually provide written information to the state board regarding the
2155 activities, successes, and challenges related to administering the program related to the talent
2156 initiative, including:
2157 (a) specific entities that received funding under this section;
2158 (b) the amount of funding provided to each entity;
2159 (c) the number of participating students in each program;
2160 (d) the number of graduates of the program;
2161 (e) the number of graduates of the program employed in jobs requiring skills related to
2162 the talent initiative; and
2163 (f) progress and achievements relevant to the implementation timeline submitted under
2164 Subsection (4)(b)(i)(A).
2165 (9) On or before October 1 of each year, the state board shall provide an annual written
2166 report containing the information described in Subsection (8) to the:
2167 (a) Education Interim Committee; and
2168 (b) Higher Education Appropriations Subcommittee.
2169 (10) The talent board shall create a talent advisory council for each talent initiative
2170 created under Subsection (2) to make recommendations to the state board regarding the
2171 administration of a talent initiative including:
2172 (a) a deep technology initiative;
2173 (b) a life sciences workforce initiative; and
2174 (c) health professions initiatives including a nursing initiative.
2175 (11) An advisory council shall consist of the following members:
2176 (a) four members who have extensive experience in the talent initiative's subject matter
2177 from the private sector that the chair of the talent board appoints and the state board approves;
2178 (b) a representative of the state board described in Section 53B-1-402 that the chair of
2179 the state board appoints;
2180 (c) a representative of the Governor's Office of Economic Opportunity that the
2181 executive director of the Governor's Office of Economic Opportunity appoints;
2182 (d) a representative from Talent Ready Utah;
2183 (e) one member of the Senate that the president of the Senate appoints;
2184 (f) one member of the House of Representatives that the speaker of the House of
2185 Representatives appoints; and
2186 (g) any other specialized industry experts whom a majority of the advisory council may
2187 invite to participate as needed as nonvoting members.
2188 (12) Talent Ready Utah shall provide staff support for an advisory council.
2189 (13) (a) Two advisory council members appointed under Subsection (11)(a) shall serve
2190 an initial term of two years.
2191 (b) Except as described in Subsection (13)(a), all other advisory council members shall
2192 serve an initial term of four years.
2193 (c) Successor advisory council members upon appointment or reappointment shall each
2194 serve a term of four years.
2195 (d) When a vacancy occurs in the membership for any reason, the initial appointing
2196 authority shall appoint a replacement for the unexpired term.
2197 (e) An advisory council member may not serve more than two consecutive terms.
2198 (14) A vote of a majority of the advisory council members constitutes an action of the
2199 advisory council.
2200 (15) The duties of the advisory council include reviewing, prioritizing, and making
2201 recommendations to the state board regarding proposals for funding under the talent initiative
2202 created in accordance with Subsection (2) for which the council was created.
2203 (16) An advisory council member may not receive compensation or benefits for the
2204 member's service, but an advisory council member who is not a legislator may receive per diem
2205 and travel expenses in accordance with:
2206 (a) Sections 63A-3-106 and 63A-3-107; and
2207 (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2208 63A-3-107.
2209 (17) The state board may discontinue a talent initiative and the related talent advisory
2210 council by majority vote.
2211 Section 49. Section 53E-3-505 is amended to read:
2212 53E-3-505. Financial and economic literacy education.
2213 (1) As used in this section:
2214 (a) "Financial and economic activities" include activities related to the topics listed in
2215 Subsection (1)(b).
2216 (b) "Financial and economic literacy concepts" include concepts related to the
2217 following topics:
2218 (i) basic budgeting;
2219 (ii) saving and financial investments;
2220 (iii) banking and financial services, including balancing a checkbook or a bank account
2221 and online banking services;
2222 (iv) career management, including earning an income;
2223 (v) rights and responsibilities of renting or buying a home;
2224 (vi) retirement planning;
2225 (vii) loans and borrowing money, including interest, credit card debt, predatory
2226 lending, and payday loans;
2227 (viii) insurance;
2228 (ix) federal, state, and local taxes;
2229 (x) charitable giving;
2230 (xi) identity fraud and theft;
2231 (xii) negative financial consequences of gambling;
2232 (xiii) bankruptcy;
2233 (xiv) economic systems, including a description of:
2234 (A) a command system such as socialism or communism, a market system such as
2235 capitalism, and a mixed system; and
2236 (B) historic and current examples of the effects of each economic system on economic
2237 growth;
2238 (xv) supply and demand;
2239 (xvi) monetary and fiscal policy;
2240 (xvii) effective business plan creation, including using economic analysis in creating a
2241 plan;
2242 (xviii) scarcity and choices;
2243 (xix) opportunity cost and tradeoffs;
2244 (xx) productivity;
2245 (xxi) entrepreneurism; and
2246 (xxii) economic reasoning.
2247 (c) "General financial literacy course" means the course of instruction administered by
2248 the state board under Subsection (3).
2249 (2) The state board shall:
2250 (a) more fully integrate existing and new financial and economic literacy education into
2251 instruction in kindergarten through grade 12 by:
2252 (i) coordinating financial and economic literacy instruction with existing instruction in
2253 other areas of the core standards for Utah public schools, such as mathematics and social
2254 studies;
2255 (ii) using curriculum mapping;
2256 (iii) creating training materials and staff development programs that:
2257 (A) highlight areas of potential coordination between financial and economic literacy
2258 education and other core standards for Utah public schools concepts; and
2259 (B) demonstrate specific examples of financial and economic literacy concepts as a
2260 way of teaching other core standards for Utah public schools concepts; and
2261 (iv) using appropriate financial and economic literacy assessments to improve financial
2262 and economic literacy education and, if necessary, developing assessments;
2263 (b) work with interested public, private, and nonprofit entities to:
2264 (i) identify, and make available to teachers, online resources for financial and
2265 economic literacy education, including modules with interactive activities and turnkey
2266 instructor resources;
2267 (ii) coordinate school use of existing financial and economic literacy education
2268 resources;
2269 (iii) develop simple, clear, and consistent messaging to reinforce and link existing
2270 financial literacy resources;
2271 (iv) coordinate the efforts of school, work, private, nonprofit, and other financial
2272 education providers in implementing methods of appropriately communicating to teachers,
2273 students, and parents key financial and economic literacy messages; and
2274 (v) encourage parents and students to establish higher education savings, including a
2275 Utah Educational Savings Plan account;
2276 (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2277 make rules to develop guidelines and methods for school districts and charter schools to more
2278 fully integrate financial and economic literacy education into other core standards for Utah
2279 public schools courses; and
2280 (d) in cooperation with school districts, charter schools, and interested private and
2281 nonprofit entities, provide opportunities for professional development in financial and
2282 economic literacy concepts to teachers, including:
2283 (i) a statewide learning community for financial and economic literacy;
2284 (ii) summer workshops; and
2285 (iii) online videos of experts in the field of financial and economic literacy education.
2286 (3) The state board shall:
2287 (a) administer a general financial literacy course in the same manner that the state
2288 board administers other core standards for Utah public school courses for grades 9 through 12;
2289 (b) adopt standards and objectives for the general financial literacy course that address:
2290 (i) financial and economic literacy concepts;
2291 (ii) the costs of going to college, student loans, scholarships, and the Free Application
2292 for Federal Student Aid;
2293 (iii) financial benefits of pursuing concurrent enrollment as defined in Section
2294 53E-10-301; and
2295 (iv) technology that relates to banking, savings, and financial products; and
2296 (c) (i) contract with a provider, through a request for proposals process, to develop an
2297 online, end-of-course assessment for the general financial literacy course;
2298 (ii) require a school district or charter school to administer an online, end-of-course
2299 assessment to a student who takes the general financial literacy course; and
2300 (iii) develop a plan, through the state superintendent, to analyze the results of an
2301 online, end-of-course assessment in general financial literacy that includes:
2302 (A) an analysis of assessment results by standard; and
2303 (B) average scores statewide and by school district and school.
2304 (4) (a) The state board shall establish a task force to study and make recommendations
2305 to the state board on how to improve financial and economic literacy education in the public
2306 school system.
2307 (b) The task force membership shall include representatives of:
2308 (i) the state board;
2309 (ii) school districts and charter schools;
2310 (iii) the Utah [
2311 (iv) private or public entities that teach financial education and share a commitment to
2312 empower individuals and families to achieve economic stability, opportunity, and upward
2313 mobility.
2314 (c) The state board shall convene the task force at least once every three years to
2315 review and recommend adjustments to the standards and objectives of the general financial
2316 literacy course.
2317 Section 50. Section 63G-6a-202 is amended to read:
2318 63G-6a-202. Creation of Utah State Procurement Policy Board.
2319 (1) There is created the Utah State Procurement Policy Board.
2320 (2) The board consists of up to 15 members as follows:
2321 (a) two representatives of state institutions of higher education, appointed by the
2322 commissioner of higher education, under the direction of the Utah Board of Higher Education;
2323 (b) a representative of the Department of Human Services, appointed by the executive
2324 director of that department;
2325 (c) a representative of the Department of Transportation, appointed by the executive
2326 director of that department;
2327 (d) two representatives of school districts, appointed by the State Board of Education;
2328 (e) a representative of the Division of Facilities Construction and Management,
2329 appointed by the director of that division;
2330 (f) one representative of a county, appointed by the Utah Association of Counties;
2331 (g) one representative of a city or town, appointed by the Utah League of Cities and
2332 Towns;
2333 (h) two representatives of special districts or special service districts, appointed by the
2334 Utah Association of Special Districts;
2335 (i) the director of the Division of Technology Services or the executive director's
2336 designee;
2337 (j) the chief procurement officer or the chief procurement officer's designee; and
2338 (k) two representatives of state agencies, other than a state agency already represented
2339 on the board, appointed by the executive director of the Department of Government
2340 Operations, with the approval of the executive director of the state agency that employs the
2341 employee.
2342 (3) Members of the board shall be knowledgeable and experienced in, and have
2343 supervisory responsibility for, procurement in their official positions.
2344 (4) A board member may serve as long as the member meets the description in
2345 Subsection (2) unless removed by the person or entity with the authority to appoint the board
2346 member.
2347 (5) (a) The board shall:
2348 (i) adopt rules of procedure for conducting its business; and
2349 (ii) elect a chair to serve for one year.
2350 (b) The chair of the board shall be selected by a majority of the members of the board
2351 and may be elected to succeeding terms.
2352 (c) The chief procurement officer shall designate an employee of the division to serve
2353 as the nonvoting secretary to the policy board.
2354 (6) A member of the board may not receive compensation or benefits for the member's
2355 service, but may receive per diem and travel expenses in accordance with:
2356 (a) Section 63A-3-106;
2357 (b) Section 63A-3-107; and
2358 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2359 63A-3-107.
2360 Section 51. Repealer.
2361 This bill repeals:
2362 Section 53B-6-105.7, Initiative student scholarship program.
2363 Section 53B-26-201, Definitions.
2364 Section 53B-26-202, Nursing initiative -- Reporting requirements -- Proposals --
2365 Funding.
2366 Section 53B-26-301, Definitions.
2367 Section 53B-26-302, Deep technology initiative.
2368 Section 53B-26-303, Deep Technology Talent Advisory Council.
2369 Section 52. Effective date.
2370 This bill takes effect on May 1, 2024.