Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 131 Third Substitute (2016GS)

Sponsor

Sen. Urquhart, S.

Final action

Governor Signed 3/23/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• renames the president of the Utah College of Applied Technology the commissioner of the Utah College of Applied Technology;
• amends the duties of the commissioner of the Utah College of Applied Technology;
• amends provisions related to the membership of the Utah College of Applied Technology Board of Trustees;
• implements a term limit for a member of the Utah College of Applied Technology Board of Trustees;
• amends provisions related to the appointment of a Utah College of Applied Technology campus president; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

UTAH COLLEGE OF APPLIED TECHNOLOGY GOVERNANCE
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephen H. Urquhart
House Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies provisions related to governance of the Utah College of Applied
Technology.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ renames the president of the Utah College of Applied Technology the commissioner
of the Utah College of Applied Technology;
▸ amends the duties of the commissioner of the Utah College of Applied Technology;
▸ amends provisions related to the membership of the Utah College of Applied
Technology Board of Trustees;
▸ implements a term limit for a member of the Utah College of Applied Technology
Board of Trustees;
▸ amends provisions related to the appointment of a Utah College of Applied
Technology campus president; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
35A-5-402
, as enacted by Laws of Utah 2015, Chapter 273
53B-2a-101
, as last amended by Laws of Utah 2009, Chapter 346
53B-2a-102
, as last amended by Laws of Utah 2012, Chapter 78
53B-2a-103
, as last amended by Laws of Utah 2014, Chapter 128
53B-2a-104
, as last amended by Laws of Utah 2013, Chapter 310
53B-2a-107
, as last amended by Laws of Utah 2009, Chapter 346
53B-2a-113
, as last amended by Laws of Utah 2009, Chapter 346
53B-17-105
, as enacted by Laws of Utah 2014, Chapter 63
63I-2-253
, as last amended by Laws of Utah 2015, Chapters 258, 418, and 456
63N-12-203
, as renumbered and amended by Laws of Utah 2015, Chapter 283
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
35A-5-402
 is amended to read:
35A-5-402.
Career and Technical Education Board creation -- Membership.
(1) There is created the Career and Technical Education Board, within the department,
composed of the following members:
(a) the state superintendent of public instruction or the state superintendent of public
instruction's designee;
(b) the commissioner of higher education or the commissioner of higher education's
designee;
(c) the [
president
] 
commissioner
 of the Utah College of Applied Technology or the
[
president
] 
commissioner
 of the Utah College of Applied Technology's designee;
(d) the executive director of the department or the executive director of the
department's designee;
(e) the executive director of the Governor's Office of Economic Development or the
executive director of the Governor's Office of Economic Development's designee;
(f) one member of the governor's staff, appointed by the governor;
(g) five private sector members, representing business or industry that employs
individuals who hold certificates issued by a CTE program, appointed by the governor;
(h) a member of the Senate, appointed by the president of the Senate; and
(i) a member of the House of Representatives, appointed by the speaker of the House
of Representatives.
(2) The CTE Board shall select a chair and vice chair from among the members of the
CTE Board.
(3) The CTE Board shall meet at least quarterly.
(4) Attendance of a simple majority of the members of the CTE Board constitutes a
quorum for the transaction of official CTE Board business.
(5) Formal action by the CTE Board requires the majority vote of a quorum.
(6) A member of the CTE Board:
(a) may not receive compensation or benefits for the member's service; and
(b) may receive per diem and travel expenses in accordance with:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 2. Section 
53B-2a-101
 is amended to read:
53B-2a-101.
Definitions.
As used in this chapter:
(1) "Board of trustees" means the Utah College of Applied Technology Board of
Trustees.
(2) "College campus" means a college campus of the Utah College of Applied
Technology.
(3) "Competency-based" means mastery of subject matter or skill level, as
demonstrated through business and industry approved standards and assessments, achieved
through participation in a hands-on learning environment, and which is tied to observable,
measurable performance objectives.
(4) "Member" means a member of the board of trustees.
[
(4)
] 
(5)
 "Open-entry, open-exit" means:
(a) a method of instructional delivery that allows for flexible scheduling in response to
individual student needs or requirements and demonstrated competency when knowledge and
skills have been mastered;
(b) students have the flexibility to begin or end study at any time, progress through
course material at their own pace, and demonstrate competency when knowledge and skills
have been mastered; and
(c) if competency is demonstrated in a program of study, a credential, certificate, or
diploma may be awarded.
(6) "UCAT commissioner" means the commissioner of the Utah College of Applied
Technology.
Section 3. Section 
53B-2a-102
 is amended to read:
53B-2a-102.
UCAT commissioner -- Appointment -- Duties.
(1) (a) The board of trustees, [
upon approval from the governor and
] with the consent
of the Senate [
for each appointee nominated on or after May 8, 2012
], shall appoint a
[
president for the Utah College of Applied Technology
] 
UCAT commissioner to serve as the
board of trustees' chief executive officer
.
(b) The [
president of the Utah College of Applied Technology
] 
UCAT commissioner
does not need to have a doctorate degree, but shall have extensive experience in career and
technical education.
(c) The [
president
] 
UCAT commissioner
 shall serve at the board of trustees' discretion
and may be terminated by:
(i) the board of trustees; or
(ii) the governor, after consultation with the board of trustees.
(d) The name of each final candidate for [
president of the Utah College of Applied
Technology
] 
UCAT commissioner
 shall be publicly disclosed.
[
(2) The president shall:
]
[
(a) direct the Utah College of Applied Technology and coordinate the activities of
each of its college campuses;
]
[
(b) in consultation with the board of trustees, campus presidents, and campus boards
of directors, prepare a comprehensive strategic plan for delivering career and technical
education through the Utah College of Applied Technology college campuses;
]
[
(c) after consulting with school districts, charter schools, and other higher education
institutions in the regions, ensure that the curricula of the Utah College of Applied Technology
meet the needs of the state, the regions, the school districts, and charter schools;
]
[
(d) in consultation with the board of trustees, campus presidents, and campus boards
of directors, and after consulting with school districts, charter schools, and other higher
education institutions in the region, develop strategies for providing career and technical
education in rural areas, specifically considering the distances between rural career and
technical education providers;
]
[
(e) establish minimum standards for career and technical education programs of the
Utah College of Applied Technology college campuses;
]
[
(f) in conjunction with the board of trustees:
]
[
(i) develop and implement a system of common definitions, standards, and criteria for
tracking and measuring the effectiveness of career and technical education;
]
[
(ii) maintain a central administration office for coordination, prioritization, support,
and reporting of college functions dealing with:
]
[
(A) budgets and audits;
]
[
(B) facilities, including capital, capital development, and leases;
]
[
(C) management information systems;
]
[
(D) campus and college master planning efforts;
]
[
(E) strategic planning;
]
[
(F) articulation with institutions of higher education and public education;
]
[
(G) legislative, State System of Public Education, State System of Higher Education,
and Board of Regents contact;
]
[
(H) general data collection; and
]
[
(I) programs, certificates, and curriculum; and
]
[
(iii) develop and implement a plan to inform citizens about the availability, cost, and
advantages of career and technical education;
]
[
(g) after consulting with the State Board of Education, school districts, and charter
schools, ensure that secondary students in the public education system have access to career
and technical education through the Utah College of Applied Technology college campuses;
]
[
(h) in conjunction with the board of trustees, establish benchmarks, provide oversight,
evaluate program performance, and obtain independent audits to ensure that college campuses
follow the non-credit career and technical education mission described in this part; and
]
[
(i) with the approval of the board of trustees, appoint each campus president in
accordance with Section 
53B-2a-107
 and annually set the compensation of each campus
president.
]
(2) The board of trustees shall:
(a) set the salary of the UCAT commissioner;
(b) prescribe the duties and functions of the UCAT commissioner; and
(c) select a UCAT commissioner on the basis of outstanding professional
qualifications.
(3) The UCAT commissioner is responsible to the board of trustees to:
(a) ensure that the policies and programs of the board of trustees are properly executed;
(b) furnish information about the Utah College of Applied Technology and make
recommendations regarding that information to the board of trustees;
(c) provide state-level leadership in an activity affecting a college campus; and
(d) perform other duties as assigned by the board of trustees in carrying out the board
of trustees' duties and responsibilities.
Section 4. Section 
53B-2a-103
 is amended to read:
53B-2a-103.
Utah College of Applied Technology Board of Trustees --
Membership -- Terms -- Vacancies -- Oath -- Officers -- Quorum -- Committees --
Compensation.
(1) There is created the Utah College of Applied Technology Board of Trustees[
,
]
.
(2) Except as provided in Subsections (3) and (4), the board of trustees is
 composed of
the following members:
(a) one member of the State Board of Education appointed by the chair of the State
Board of Education, to serve as a nonvoting member;
(b) one member of the State Board of Regents appointed by the chair of the State
Board of Regents, to serve as a nonvoting member;
(c) one member representing business and industry employers from the campus board
of directors of each applied technology college campus appointed by a majority vote of the
business and industry employer members of the campus board;
(d) one member representing business and industry employers from the Snow College
Economic Development and Workforce Preparation Advisory Committee appointed by a
majority of the business and industry employer members of the advisory committee;
(e) one member representing business and industry employers from the Utah State
University Eastern career and technical education advisory committee appointed by a majority
of the business and industry employer members of the advisory committee;
(f) one member representing business and industry employers from the Salt Lake
Community College School of Applied Technology Board of Directors appointed by a majority
of the business and industry employer members of the board of directors;
(g) one business or industry employer representative appointed by the governor with
the consent of the Senate from nominations submitted by the speaker of the House of
Representatives and president of the Senate;
(h) one representative of union craft, trade, or apprenticeship programs that prepare
workers for employment in career and technical education fields, appointed by the governor
with the consent of the Senate;
(i) one representative of non-union craft, trade, or apprenticeship programs that prepare
workers for employment in career and technical education fields, appointed by the governor
with the consent of the Senate; and
(j) the executive director of the Governor's Office of Economic Development or the
executive director's designee.
[
(2) (a) In making appointments to the board of trustees, the governor shall consider:
]
(3) (a) Beginning on July 1, 2019, the board of trustees is composed of 15 members
appointed by the governor with the consent of the Senate, as follows:
(i) one member representing each college campus, selected from at least two nominees
presented to the governor by the board of directors of each college campus; and
(ii) seven members appointed at large, considering individuals:
[
(i) individuals
] 
(A)
 from the state at large with due consideration for geographical
representation;
[
(ii) individuals
] 
(B)
 recognized for their knowledge and expertise; and
[
(iii) individuals
] 
(C)
 who represent current and emerging business and industry
sectors of the state.
(b) [
Appointments
] 
The governor shall make appointments
 to the board [
shall be
made
] 
of trustees
 on a nonpartisan basis.
(4) (a) To transition from the composition of the board of trustees described in
Subsection (2) to the composition described in Subsection (3), the governor shall appoint a
replacement for a member:
(i) who was appointed to the board of trustees on or before May 10, 2015; and
(ii) when the member's current term expires.
(b) In replacing a member who was appointed under Subsection (2)(c), the governor
shall appoint a member to represent the college represented by the member whose term expires
by:
(i) soliciting the college campus's board of directors to nominate at least two
individuals for the position; and
(ii) selecting from the nominees presented.
(c) In replacing a member who was appointed under Subsections (2)(d) through (2)(i),
the governor shall appoint a new member at large, considering the factors described in
Subsection (3)(a)(ii).
(d) A member appointed under Subsection (2)(a), (2)(b), or (2)(j) shall remain on the
board of trustees until June 30, 2019.
(e) In making an appointment under this Subsection (4), the governor:
(i) shall appoint a member on a nonpartisan basis; and
(ii) may not reappoint the member whose term has expired.
[
(3) (a)
] 
(5) (a) (i)
 Except as provided under Subsection [
(3)(b), members of the board
of trustees
] 
(5)(a)(ii), a member
 shall be appointed commencing on July 1 of each
odd-numbered year to a four-year term.
[
(b) Initial terms of the board members beginning on July 1, 2009 shall be staggered
with two-year and four-year terms so that
]
(ii) The governor shall ensure that member terms are staggered so that
 approximately
one-half of the members' terms [
will
] expire in any odd-numbered year.
[
(c) An appointed member holds office until a successor is appointed and qualified.
]
(b) A member may not hold office for more than two consecutive full terms.
[
(4)
] 
(6)
 When a vacancy occurs in the membership for any reason, the 
governor shall
appoint a
 replacement [
shall be appointed
] for the unexpired term.
[
(5)
] 
(7)
 (a) Each member shall take the official oath of office prior to assuming the
office.
(b) The oath shall be filed with the Division of Archives and Records Services.
[
(6)
] 
(8) (a)
 The board of trustees shall elect a chair and vice chair, who serve for two
years and until their successors are elected and qualified.
(b) A member may not serve more than two consecutive terms as the chair or vice
chair.
[
(7)
] 
(9)
 (a) The board of trustees may enact bylaws for [
its
] 
the board of trustees'
 own
government, including [
provision
] 
provisions
 for regular meetings.
(b) (i) The board of trustees may provide for an executive committee in its bylaws.
(ii) If established, the 
executive
 committee shall have full authority of the board of
trustees to act upon routine matters during the interim between board of trustees meetings.
(iii) The 
executive
 committee may act on nonroutine matters only under extraordinary
and emergency circumstances.
(iv) The 
executive
 committee shall report its activities to the board of trustees at [
its
]
the board of trustees'
 next regular meeting following the 
executive committee's
 action.
[
(8)
] 
(10)
 A quorum shall be required to conduct business which shall consist of a
majority of voting board of trustee members.
[
(9)
] 
(11)
 The board of trustees may establish advisory committees.
[
(10)
] 
(12)
 A member may not receive compensation or benefits for the member's
service, but may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 5. Section 
53B-2a-104
 is amended to read:
53B-2a-104.
Utah College of Applied Technology Board of Trustees -- Powers
and duties.
(1) The Utah College of Applied Technology Board of Trustees is vested with the
control, management, and supervision of the Utah College of Applied Technology college
campuses in a manner consistent with the policy and purpose of this title and the specific
powers and responsibilities granted to it.
(2) The [
Utah College of Applied Technology Board of Trustees
] 
board of trustees
shall:
(a) ensure that [
the Utah College of Applied Technology
] 
a
 college [
campuses comply
]
campus complies
 with the requirements in Section 
53B-2a-106
;
(b) appoint the [
president for the Utah College of Applied Technology
] 
UCAT
commissioner
 in accordance with Section 
53B-2a-102
;
(c) advise the [
president of the Utah College of Applied Technology
] 
UCAT
commissioner
 and the State Board of Regents on issues related to career and technical
education, including articulation with institutions of higher education and public education;
(d) receive budget requests from each college campus, compile and prioritize the
requests, and submit the request to:
(i) the Legislature; and
(ii) the Governor's Office of Management and Budget;
(e) receive funding requests pertaining to capital facilities and land purchases from
each college campus, ensure that the requests comply with Section 
53B-2a-112
, prioritize the
requests, and submit the prioritized requests to the State Building Board;
(f) in conjunction with the [
Utah College of Applied Technology president
] 
UCAT
commissioner
, establish benchmarks, provide oversight, evaluate program performance, and
obtain independent audits to ensure that 
college
 campuses follow the non-credit career and
technical education mission described in this part;
(g) approve programs for the Utah College of Applied Technology;
(h) approve the tuition rates for the Utah College of Applied Technology;
(i) prepare and submit an annual report detailing its progress and recommendations on
career and technical education issues to the governor and to the Legislature's Education Interim
Committee by October 31 of each year, which shall include information detailing:
(i) how the career and technical education needs of secondary students are being met,
including what access secondary students have to programs offered at college campuses;
(ii) how the emphasis on high demand, high wage, and high skill jobs in business and
industry described in [
Subsection
] 
Section
53B-2a-106
[
(1)(c)(ii)
] is being provided;
(iii) performance outcomes, including:
(A) entered employment;
(B) job retention; and
(C) earnings; and
(iv) student tuition and fees; and
(j) collaborate with the State Board of Regents, the State Board of Education, the state
system of public education, the state system of higher education, the Department of Workforce
Services, and the Governor's Office of Economic Development on the delivery of career and
technical education.
(3) The [
Utah College of Applied Technology Board of Trustees, the president of the
Utah College of Applied Technology, and the Utah College of Applied Technology's
] 
board of
trustees, the UCAT commissioner, or the
 college campuses, presidents, [
and
] 
or
 boards of
directors may not conduct a feasibility study or perform another act relating to offering a degree
or awarding credit.
Section 6. Section 
53B-2a-107
 is amended to read:
53B-2a-107.
Campus presidents -- Appointments -- Duties.
(1) (a) The [
president of the Utah College of Applied Technology
] 
board of trustees
shall, after consultation with a campus board of directors [
and with the approval of the board of
trustees
], appoint a campus president for a college campus.
(b) The board of trustees shall establish a policy for appointing a campus president
that:
(i) requires the board of trustees to create a search committee that:
(A) shall include an equal number of board of trustee members and members from the
college campus board of directors; and
(B) may include college campus faculty, students, or other individuals;
(ii) requires the search committee to seek nominations, interview candidates, and
forward qualified candidates to the board of trustees for consideration;
(iii) provides for at least two members of the college campus board of directors to
participate in board of trustees' interviews of finalists; and
(iv) provides for the board of trustees to vote to appoint a campus president in a
meeting that complies with Title 52, Chapter 4, Open and Public Meetings Act.
[
(b)
] 
(2) (a)
 A campus president shall serve as the chief administrative officer of the
college campus.
[
(c)
] 
(b)
 A campus president does not need to have a doctorate degree, but shall have
extensive experience in career and technical education.
[
(d)
] 
(c)
 A campus president is subject to regular review and evaluation administered
by the [
Utah College of Applied Technology president
] 
board of trustees
, in cooperation with
the campus board of directors, through a process approved by the board of trustees.
[
(e)
] 
(d)
 A campus president serves at the discretion of [
the Utah College of Applied
Technology president, in cooperation with the campus board of directors and
] the board of
trustees
, in cooperation with the campus board of directors
.
(2) [
Each
] 
A
 campus president [
of a college campus
] shall:
(a) serve as the executive officer of the campus board of directors;
(b) administer the day-to-day operations of the college campus;
(c) consult with the campus board of directors; and
(d) administer human resource policies and employee compensation plans in
accordance with the requirements of the [
Utah College of Applied Technology Board of
Trustees
] 
board of trustees
.
Section 7. Section 
53B-2a-113
 is amended to read:
53B-2a-113.
College campuses -- Leasing authority -- Lease-purchase agreements
-- Report.
(1) In accordance with Subsection 
53B-2a-112
(2), a college campus may enter into a
lease with other higher education institutions, school districts, charter schools, state agencies,
or business and industry for a term of:
(a) one year or less with the approval of the campus board of directors; and
(b) more than one year with the approval of the board of trustees and:
(i) the approval of funding for the lease by the Legislature prior to a college campus
entering into the lease; or
(ii) the lease agreement includes language that allows termination of the lease without
penalty.
(2) (a) In accordance with Subsection 
53B-2a-112
(2), a college campus may enter into
a lease-purchase agreement if:
(i) there is a long-term benefit to the state;
(ii) the project is included in both the campus and Utah College of Applied Technology
master plans;
(iii) the lease-purchase agreement includes language that allows termination of the
lease;
(iv) the lease-purchase agreement is approved by the campus board of directors and the
board of trustees; and
(v) the lease-purchase agreement is:
(A) reviewed by the Division of Facilities Construction and Management;
(B) reviewed by the State Building Board; and
(C) approved by the Legislature.
(b) An approval under Subsection (2)(a) shall include a recognition of:
(i) all parties, dates, and elements of the agreement;
(ii) the equity or collateral component that creates the benefit; and
(iii) the options dealing with the sale and division of equity.
(3) (a) Each college campus shall provide an annual lease report to the board of
trustees that details each of its leases, annual costs, location, square footage, and
recommendations for lease continuation.
(b) The [
president of the Utah College of Applied Technology
] 
UCAT commissioner
shall compile and distribute an annual combined lease report for all college campuses to the
Division of Facilities Construction Management and to others upon request.
(4) The [
Utah College of Applied Technology
] 
board of trustees
 shall use the annual
combined lease report in determining planning, utilization, and budget requests.
Section 8. Section 
53B-17-105
 is amended to read:
53B-17-105.
 Utah Education and Telehealth Network.
(1) There is created the Utah Education and Telehealth Network, or UETN.
(2) UETN shall:
(a) coordinate and support the telecommunications needs of public and higher
education, public libraries, and entities affiliated with the state systems of public and higher
education as approved by the Utah Education and Telehealth Network Board, including the
statewide development and implementation of a network for education, which utilizes satellite,
microwave, fiber-optic, broadcast, and other transmission media;
(b) coordinate the various telecommunications technology initiatives of public and
higher education;
(c) provide high-quality, cost-effective Internet access and appropriate interface
equipment for schools and school systems;
(d) procure, install, and maintain telecommunication services and equipment on behalf
of public and higher education;
(e) develop or implement other programs or services for the delivery of distance
learning and telehealth services as directed by law;
(f) apply for state and federal funding on behalf of:
(i) public and higher education; and
(ii) telehealth services;
(g) in consultation with health care providers from a variety of health care systems,
explore and encourage the development of telehealth services as a means of reducing health
care costs and increasing health care quality and access, with emphasis on assisting rural health
care providers and special populations; and
(h) in consultation with the Utah Department of Health, advise the governor and the
Legislature on:
(i) the role of telehealth in the state;
(ii) the policy issues related to telehealth;
(iii) the changing telehealth needs and resources in the state; and
(iv) state budgetary matters related to telehealth.
(3) In performing the duties under Subsection (2), UETN shall:
(a) provide services to schools, school districts, and the public and higher education
systems through an open and competitive bidding process;
(b) work with the private sector to deliver high-quality, cost-effective services;
(c) avoid duplicating facilities, equipment, or services of private providers or public
telecommunications service, as defined under Section 
54-8b-2
;
(d) utilize statewide economic development criteria in the design and implementation
of the educational telecommunications infrastructure; and
(e) assure that public service entities, such as educators, public service providers, and
public broadcasters, are provided access to the telecommunications infrastructure developed in
the state.
(4) The University of Utah shall provide administrative support for UETN.
(5) (a) The Utah Education and Telehealth Network Board, which is the governing
board for UETN, is created.
(b) The Utah Education and Telehealth Network Board shall have 13 members as
follows:
(i) four members representing the state system of higher education appointed by the
commissioner of higher education;
(ii) four members representing the state system of public education including:
(A) three members appointed by the State Board of Education; and
(B) one member representing the Utah State Office of Education appointed by the state
superintendent;
(iii) one member representing applied technology centers appointed by the [
president
]
commissioner
 of the Utah College of Applied Technology;
(iv) one member representing the state library appointed by the state librarian;
(v) two members representing hospitals as follows:
(A) the members may not be employed by the same hospital system;
(B) one member shall represent a rural hospital;
(C) one member shall represent an urban hospital; and
(D) the chief administrator or the administrator's designee for each hospital licensed in
this state shall select the two hospital representatives; and
(vi) one member representing the office of the governor, appointed by the governor.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(d) (i) The board shall elect a chair.
(ii) The chair shall set the agenda for the board meetings.
(6) A member of the board may not receive compensation or benefits for the member's
service, but may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(7) The board:
(a) shall hire an executive director for UETN who may hire staff for UETN as
permitted by the budget;
(b) may terminate the executive director's employment or assignment;
(c) shall determine the executive director's salary;
(d) shall annually conduct a performance evaluation of the executive director;
(e) shall establish policies the board determines are necessary for the operation of
UETN and the administration of UETN's duties; and
(f) shall advise UETN in:
(i) the development and operation of a coordinated, statewide, multi-option
telecommunications system to assist in the delivery of educational services and telehealth
services throughout the state; and
(ii) acquiring, producing, and distributing instructional content.
(8) The executive director of UETN shall be an at-will employee.
(9) UETN shall locate and maintain educational and telehealth telecommunication
infrastructure throughout the state.
(10) Educational institutions shall manage site operations under policy established by
UETN.
(11) Subject to future budget constraints, the Legislature shall provide an annual
appropriation to operate UETN.
(12) If the network operated by the Department of Technology Services is not
available, UETN may provide network connections to the central administration of counties
and municipalities for the sole purpose of transferring data to a secure facility for backup and
disaster recovery.
Section 9. Section 
63I-2-253
 is amended to read:
63I-2-253.
 Repeal dates -- Titles 53, 53A, and 53B.
(1) Section 
53A-1-403.5
 is repealed July 1, 2017.
[
(2) Subsection 
53A-1-410
(5) is repealed July 1, 2015.
]
[
(3)
] 
(2)
 Section 
53A-1-411
 is repealed July 1, 2017.
[
(4)
] 
(3)
 Section 
53A-1a-513.5
 is repealed July 1, 2017.
[
(5)
] 
(4)
 Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2019.
[
(6)
] 
(5)
 Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is
repealed July 1, 2017.
(6) (a) Subsections 
53B-2a-103
(2) and (4) are repealed July 1, 2019.
(b) When repealing Subsections 
53B-2a-103
(2) and (4), the Office of Legislative
Research and General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3),
make necessary changes to subsection numbering and cross references.
Section 10. Section 
63N-12-203
 is amended to read:
63N-12-203.
STEM Action Center Board creation -- Membership.
(1) There is created the STEM Action Center Board within the office, composed of the
following members:
(a) six private sector members who represent business, appointed by the governor;
(b) the state superintendent of public instruction or the state superintendent of public
instruction's designee;
(c) the commissioner of higher education or the commissioner of higher education's
designee;
(d) one member appointed by the governor;
(e) a member of the State Board of Education, chosen by the chair of the State Board of
Education;
(f) the executive director of the office or the executive director's designee;
(g) the [
president
] 
commissioner
 of the Utah College of Applied Technology or the
[
president
] 
commissioner
 of the Utah College of Applied Technology's designee; and
(h) one member who has a degree in engineering and experience working in a
government military installation, appointed by the governor.
(2) (a) The private sector members appointed by the governor in Subsection (1)(a) shall
represent a business or trade association whose primary focus is science, technology, or
engineering.
(b) Except as required by Subsection (2)(c), members appointed by the governor shall
be appointed to four-year terms.
(c) The length of terms of the members shall be staggered so that approximately half of
the committee is appointed every two years.
(d) The members may not serve more than two full consecutive terms except where the
governor determines that an additional term is in the best interest of the state.
(e) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(3) Attendance of a simple majority of the members constitutes a quorum for the
transaction of official committee business.
(4) Formal action by the committee requires a majority vote of a quorum.
(5) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance under Sections 
63A-3-106
 and 
63A-3-107
.
(6) The governor shall select the chair of the board to serve a one-year term.
(7) The executive director of the office or the executive director's designee shall serve
as the vice chair of the board.
Legislative Review Note
Office of Legislative Research and General Counsel