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