Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 300 Second Substitute (2018GS)

Sponsor

Rep. Peterson, V.

Final action

Governor Signed 3/21/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms, including defining the term "UTech" to mean the Utah System of Technical Colleges;
• permits the governor to remove, for cause, certain members of:
• the State Board of Regents;
• the Utah System of Technical Colleges Board of Trustees;
• an institution of higher education board of trustees; and
• a technical college board of directors;
• amends provisions related to the role of a technical college board of directors in relation to a technical college president;
• amends the membership of a technical college board of directors;
• creates a term limit for a member of a technical college board of directors;
• provides that the State Board of Regents may make policies regarding tuition waivers;
• enacts provisions related to the Higher Education Strategic Planning Commission, including:
• creating the commission;
• describing the membership of the commission; and

Every vote on this bill

Bill text

HIGHER EDUCATION MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Val L. Peterson
Senate Sponsor: 
Ann Millner
LONG TITLE
General Description:
This bill amends provisions related to higher education.
Highlighted Provisions:
This bill:
▸ defines terms, including defining the term "UTech" to mean the Utah System of
Technical Colleges;
▸ permits the governor to remove, for cause, certain members of:
• the State Board of Regents;
• the Utah System of Technical Colleges Board of Trustees;
• an institution of higher education board of trustees; and
• a technical college board of directors;
▸ amends provisions related to the role of a technical college board of directors in
relation to a technical college president;
▸ amends the membership of a technical college board of directors;
▸ creates a term limit for a member of a technical college board of directors;
▸ provides that the State Board of Regents may make policies regarding tuition
waivers;
▸ enacts provisions related to the Higher Education Strategic Planning Commission,
including:
• creating the commission;
• describing the membership of the commission; and
• enacting powers and duties of the commission; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2018:
▸ to the Legislature - Legislative Services - Administration as a one-time
appropriation:
• from the General Fund, One-time, $337,000;
▸ to the Legislature - Senate - Administration as a one-time appropriation:
• from the General Fund, One-time, $6,300; and
▸ to the Legislature - House of Representatives - Administration as a one-time
appropriation:
• from the General Fund, One-time, $6,300.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53B-1-104
, as last amended by Laws of Utah 2017, Chapter 382
53B-2-102
, as repealed and reenacted by Laws of Utah 2017, Chapter 382
53B-2-104
, as last amended by Laws of Utah 2017, Chapter 382
53B-2a-101
, as last amended by Laws of Utah 2017, Chapter 382
53B-2a-102
, as last amended by Laws of Utah 2017, Chapter 382
53B-2a-103
, as last amended by Laws of Utah 2017, Chapter 382
53B-2a-104
, as last amended by Laws of Utah 2017, Chapters 365 and 382
53B-2a-105
, as last amended by Laws of Utah 2017, Chapter 382
53B-2a-106
, as last amended by Laws of Utah 2017, Chapter 382
53B-2a-107
, as last amended by Laws of Utah 2017, Chapter 382
53B-2a-109
, as last amended by Laws of Utah 2017, Chapter 382
53B-2a-112
, as last amended by Laws of Utah 2017, Chapter 382
53B-2a-113
, as last amended by Laws of Utah 2017, Chapter 382
53B-2a-114
, as last amended by Laws of Utah 2017, Chapter 382
53B-8-101
, as last amended by Laws of Utah 2017, Chapter 382
63I-2-253
, as last amended by Laws of Utah 2017, Chapters 217, 223, 350, 365, 381,
386, and 468
63I-2-263
, as last amended by Laws of Utah 2017, First Special Session, Chapter 1
ENACTS:
63C-19-101
, Utah Code Annotated 1953
63C-19-102
, Utah Code Annotated 1953
63C-19-201
, Utah Code Annotated 1953
63C-19-202
, Utah Code Annotated 1953
REPEALS AND REENACTS:
53B-2a-108
, as last amended by Laws of Utah 2017, Chapter 382
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53B-1-104
 is amended to read:
53B-1-104.
Membership of the board -- Student appointee -- Terms -- Oath --
Officers -- Committees -- Bylaws -- Meetings -- Quorum -- Vacancies -- Compensation.
(1) Except as provided in Subsection (2), the board consists of 17 residents of the state
appointed by the governor with the consent of the Senate, as follows:
(a) eight [
at large
] 
at-large
 members;
(b) eight members, each of whom is:
(i) selected from three nominees presented to the governor by a higher education
institution board of trustees; and
(ii) a current or former member of the institution of higher education board of trustees
that nominates the member; and
(c) one member, selected from three nominees presented to the governor by the student
body presidents of the institutions of higher education, who:
(i) is a fully matriculated student enrolled in an institution of higher education; and
(ii) is not serving as a student body president at the time of the nomination.
(2) (a) (i) An individual appointed to the board on or before May 8, 2017, may serve on
the board, even if the individual does not fulfill a requirement for the composition of the board
described in Subsection (1).
(ii) The governor may reappoint a member described in Subsection (2)(a)(i) when the
member's term expires.
(b) An individual appointed to the board on or before May 8, 2017, who is a current or
former member of an institution of higher education board of trustees is the board member for
the institution of higher education described in Subsection (1)(b).
(c) (i) Subject to Subsection (2)(c)(ii), as positions on the board become vacant, the
governor shall ensure that newly appointed members move the board toward the composition
described in Subsection (1).
(ii) In appointing a new member to the board, the governor shall first appoint a member
described in Subsection (1)(b) until the eight positions described in Subsection (1)(b) are filled.
(3) (a) All appointments to the board shall be made on a nonpartisan basis.
(b) In making appointments to the board, the governor shall consider:
(i) geographic representation of members;
(ii) diversity;
(iii) experience in higher education governance;
(iv) experience in economic development; and
(v) exposure to institutions of higher education.
(c) An individual may not serve simultaneously on the State Board of Regents and an
institution of higher education board of trustees.
(4) (a) Except as provided in Subsection (4)(b), members of the board shall be
appointed to six-year staggered terms, which begin on July 1 of the year of appointment.
(b) A student member described in Subsection (1)(c) shall be appointed to a one-year
term.
(c) (i) The governor may remove a member of the board for cause.
(ii) The governor shall consult with the president of the Senate before removing a
member of the board.
(5) (a) A member of the board shall take the official oath of office before entering upon
the duties of office.
(b) The oath shall be filed with the Division of Archives and Records Services.
(6) The board shall elect a chair and vice chair from among the board's members who
shall serve terms of two years and until their successors are chosen and qualified.
(7) (a) The board shall appoint a secretary from the staff of the board's chief executive
to serve at the board's discretion.
(b) The secretary is a full-time employee who receives a salary set by the board.
(c) The secretary shall record and maintain a record of all board meetings and perform
other duties as the board directs.
(8) (a) The board may establish advisory committees.
(b) The powers and authority of the board are nondelegable, except as specifically
provided for in this title.
(c) All matters requiring board determination shall be addressed in a properly convened
meeting of the board or the board's executive committee.
(9) The board shall enact bylaws for the board's own government not inconsistent with
the constitution or the laws of this state.
(10) (a) The board shall meet regularly upon the board's own determination.
(b) The board may also meet, in full or executive session, at the request of the chair,
the executive officer, or five members of the board.
(11) A quorum of the voting members of the board is required to conduct the board's
business and consists of nine members.
(12) (a) A vacancy in the board occurring before the expiration of a voting member's
full term shall be immediately filled by appointment by the governor with the consent of the
Senate.
(b) An individual appointed under Subsection (12)(a) serves for the remainder of the
unexpired term.
(13) A board 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 2. Section 
53B-2-102
 is amended to read:
53B-2-102.
Board to appoint president for each institution.
(1) As used in this section:
(a) "Institution of higher education" means an institution that is part of the Utah System
of Higher Education described in Subsection 
53B-1-102
(1)(a).
(b) "Search committee" means a committee that selects finalists for a position as an
institution of higher education president.
(2) The board shall appoint a president for each institution of higher education.
(3) An institution of higher education president serves at the pleasure of the board.
(4) (a) To appoint an institution of higher education president, the board shall establish
a search committee that includes representatives of faculty, staff, students, the institution of
higher education board of trustees, alumni, the outgoing institution of higher education
president's executive council or cabinet, and the board.
(b) A search committee shall be cochaired by a member of the board and 
a member of
the institution of higher education board of trustees.
(c) A search committee described in Subsection (4)(a) shall forward three to five
finalists to the board to consider for a position as an institution of higher education president.
(d) A search committee may not forward an individual to the board as a finalist unless
two-thirds of the search committee members, as verified by the commissioner, find the
individual to be qualified and likely to succeed as an institution of higher education president.
(5) (a) The board shall select an institution of higher education president from among
the finalists presented by a search committee.
(b) If the board is not satisfied with the finalists forwarded by a search committee, the
board may direct the search committee to resume the search process until the search committee
has forwarded three finalists with [
which
] 
whom
 the board is satisfied.
(6) The board, through the commissioner, shall create a comprehensive, active
recruiting plan to ensure a strong, diverse pool of potential candidates for institution of higher
education presidents.
(7) (a) Except as provided in Subsection (7)(b), a record or information gathered or
generated during the search process, including a candidate's application and the search
committee's deliberations, is confidential and is a protected record under Section 
63G-2-305
.
(b) Application materials for a publicly named finalist described in Subsection (5)(a)
are not protected records under Section 
63G-2-305
.
Section 3. Section 
53B-2-104
 is amended to read:
53B-2-104.
Institution of higher education board of trustees -- Membership -- 
Terms -- Vacancies -- Oath -- Officers -- Bylaws -- Quorum -- Committees --
Compensation.
(1) (a) Except as provided in Subsection (10), the board of trustees of an institution of
higher education consists of the following:
(i) except as provided in Subsection 
53B-18-1201
(3)(b), eight individuals appointed by
the governor with the consent of the Senate; and
(ii) two ex officio members who are the president of the institution's alumni
association, and the president of the associated students of the institution.
(b) The appointed members of the boards of trustees for Utah Valley University and
Salt Lake Community College shall be representative of the interests of business, industry, and
labor.
(2) (a) The governor shall appoint four members of each board of trustees during each
odd-numbered year to four-year terms commencing on July 1 of the year of appointment.
(b) [
An appointed member
] 
Except as provided in Subsection (2)(d), a member
appointed under Subsection (1)(a)(i)
 holds office until a successor is appointed and qualified.
(c) The ex officio members serve for the same period as they serve as presidents and
until their successors have qualified.
(d) (i) The governor may remove a member appointed under Subsection (1)(a)(i) for
cause.
(ii) The governor shall consult with the president of the Senate before removing a
member appointed under Subsection (1)(a)(i).
(3) When a vacancy occurs in the membership of a board of trustees for any reason, the
replacement shall be appointed for the unexpired term.
(4) (a) Each member of a board of trustees 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.
(5) A board of trustees shall elect a chair and vice chair, who serve for two years and
until their successors are elected and qualified.
(6) (a) A board of trustees may enact bylaws for the board of trustees' own government,
including provisions for regular meetings.
(b) (i) A board of trustees may provide for an executive committee in the board of
trustees' bylaws.
(ii) If established, an 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) An executive committee may act on nonroutine matters only under extraordinary
and emergency circumstances.
(iv) An executive committee shall report the executive committee's activities to the
board of trustees at the board of trustees' next regular meeting following the action.
(c) Copies of a board of trustees' bylaws shall be filed with the board.
(7) A quorum is required to conduct business and consists of six members.
(8) A board of trustees may establish advisory committees.
(9) 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
.
(10) This section does not apply to a technical college board of directors described in
Section 
53B-2a-108
.
Section 4. Section 
53B-2a-101
 is amended to read:
53B-2a-101.
Definitions.
As used in this chapter:
(1) "Board of trustees" means the [
Utah System of Technical Colleges
] 
UTech
 Board
of Trustees.
(2) "Commissioner of technical education" means the [
Utah System of Technical
Colleges
] 
UTech
 commissioner of technical education.
(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.
]
[
(5)
] 
(4)
 "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.
(5) "UTech" means the Utah System of Technical Colleges described in Section
53B-1-102
.
Section 5. Section 
53B-2a-102
 is amended to read:
53B-2a-102.
Commissioner of technical education -- Appointment -- Duties.
(1) (a) The board of trustees, upon approval from the governor and with the consent of
the Senate, shall appoint a commissioner of technical education to serve as the board of
trustees' chief executive officer.
(b) The commissioner of technical education shall:
(i) have an appropriate and relevant educational background, including, at a minimum,
a master's degree; and
(ii) have extensive experience in career and technical education.
(c) The commissioner of technical education 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) If the board of trustees intends to appoint an interim or acting commissioner of
technical education during a leave of absence of the commissioner of technical education, the
board of trustees shall appoint the interim or acting commissioner of technical education with
the consent of the Senate.
(e) The name of each final candidate for commissioner of technical education shall be
publicly disclosed.
(2) The board of trustees shall:
(a) set the salary of the commissioner of technical education;
(b) prescribe the duties and functions of the commissioner of technical education; and
(c) select a commissioner of technical education on the basis of outstanding
professional qualifications.
(3) The commissioner of technical education 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 System of Technical Colleges
] 
UTech
 and
make recommendations regarding the information to the board of trustees;
(c) provide state-level leadership in an activity affecting a technical college; and
(d) perform other duties as assigned by the board of trustees in carrying out the board
of trustees' duties and responsibilities.
Section 6. Section 
53B-2a-103
 is amended to read:
53B-2a-103.
UTech Board of Trustees -- Membership -- Terms -- Vacancies --
Oath -- Officers -- Quorum -- Committees -- Compensation.
(1) There is created the [
Utah System of Technical Colleges
] 
UTech
 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, representing business and industry employers from each technical
college board of directors, appointed by a majority vote of the business and industry employer
members of the technical college board of directors;
(b) 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;
(c) 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;
(d) 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;
(e) 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;
(f) 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;
(g) 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
(h) the executive director of the Governor's Office of Economic Development or the
executive director's designee.
(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 selected from at least two nominees presented to the governor by the
board of directors of each technical college, for a total of eight members; and
(ii) one member who is employed in and represents each of the following sectors:
(A) information technology;
(B) manufacturing;
(C) life sciences;
(D) health care;
(E) transportation;
(F) union craft, trade, or apprenticeship; and
(G) non-union craft, trade, or apprenticeship.
(b) The seven members described in Subsection (3)(a)(ii) shall be selected from the
state at large, subject to the following conditions:
(i) at least four members shall reside in a geographic area served by a technical college;
and
(ii) no more than two members may reside in a single geographic area served by a
technical college.
(c) The governor shall make appointments to the board of trustees on a nonpartisan
basis.
(d) An individual may not serve on the board of trustees and a technical college board
of directors simultaneously.
(4) (a) To transition from the composition of the board of trustees described in
Subsection (2) to the composition described in Subsection (3), for a member who was
appointed to the board of trustees on or before May 10, 2016, the governor shall appoint a
replacement:
(i) when the member's current term expires, for a member who, on May 10, 2016, has
served less than two consecutive full terms on the board of trustees; or
(ii) on May 10, 2016, for a member who, on May 10, 2016, has served two or more
consecutive full terms on the board of trustees. 
(b) In replacing a member who was appointed under Subsection (2)(a), the governor
shall appoint a member for the technical college represented by the member whose term
expires by:
(i) soliciting the technical college'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)(b) through (2)(h),
the governor shall appoint a new member at large, ensuring representation from the sectors
described in Subsection (3)(a)(ii).
(d) 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 who is being replaced if the member has served on
the board of trustees for at least two consecutive full terms.
(5) (a) (i) Except as provided under Subsection (5)(a)(ii), a member shall be appointed
commencing on July 1 of each odd-numbered year to a four-year term.
(ii) The governor shall ensure that member terms are staggered so that approximately
one-half of the members' terms expire in any odd-numbered year.
(b) A member may not hold office for more than two consecutive full terms.
(c) (i) The governor may remove a member of the board of trustees for cause.
(ii) The governor shall consult with the president of the Senate before removing a
member of the board of trustees.
(6) When a vacancy occurs on the board of trustees for any reason, the governor shall
appoint a replacement for the unexpired term.
(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.
(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.
(9) (a) The board of trustees shall enact bylaws for the board of trustees' own
government, including provisions for regular meetings.
(b) (i) The board of trustees shall provide for an executive committee in the board of
trustees' bylaws.
(ii) 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 the executive committee's activities to the
board of trustees at the board of trustees' next regular meeting following the executive
committee's activities.
(10) A quorum shall be required to conduct business which shall consist of a majority
of board of trustee members.
(11) The board of trustees may establish advisory committees.
(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 7. Section 
53B-2a-104
 is amended to read:
53B-2a-104.
Board of trustees powers and duties.
(1) The board of trustees is vested with the control, management, and supervision of
technical colleges in a manner consistent with the policy and purpose of this title and the
specific powers and responsibilities granted to the board of trustees.
(2) The board of trustees shall:
(a) ensure that a technical college complies with the requirements in Section
53B-2a-106
;
(b) appoint the commissioner of technical education in accordance with Section
53B-2a-102
;
(c) advise the commissioner of technical education 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) ensure that a secondary student in the public education system has access to career
and technical education through a technical college in the secondary student's service region;
(e) in consultation with the State Board of Education, the State Board of Regents, and
technical college presidents, develop strategies for providing career and technical education in
rural areas, considering distances between rural career and technical education providers;
(f) receive budget requests from each technical college, compile and prioritize the
requests, and submit the request to:
(i) the Legislature; and
(ii) the Governor's Office of Management and Budget;
(g) receive funding requests pertaining to capital facilities and land purchases from
each technical college, ensure that the requests comply with Section 
53B-2a-112
, prioritize the
requests, and submit the prioritized requests to the State Building Board;
(h) comply with Chapter 7, Part 7, Performance Funding;
(i) in conjunction with the commissioner of technical education, establish benchmarks,
provide oversight, evaluate program performance, and obtain independent audits to ensure that
a technical college follows the noncredit career and technical education mission described in
this part;
(j) approve programs for [
the Utah System of Technical Colleges
] 
UTech
;
(k) approve the tuition rates for technical colleges;
(l) prepare and submit an annual report detailing the board of trustees' 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 technical colleges;
(ii) how the emphasis on high demand, high wage, and high skill jobs in business and
industry described in Section 
53B-2a-106
 is being provided;
(iii) performance outcomes, including:
(A) performance on the metrics described in Section 
53B-7-707
; and
(B) earnings; and
(iv) student tuition and fees; and
(m) collaborate with the State Board of Regents, the State Board of Education, the
Department of Workforce Services, and the Governor's Office of Economic Development on
the delivery of career and technical education.
(3) The board of trustees, the commissioner of technical education, or a technical
college president or board of directors may not conduct a feasibility study or perform another
act relating to offering a degree or awarding credit.
Section 8. Section 
53B-2a-105
 is amended to read:
53B-2a-105.
UTech composition.
[
The Utah System of Technical Colleges
] 
UTech
 is composed of the following
technical colleges:
(1) Bridgerland Technical College, which serves the geographic area encompassing:
(a) the Box Elder School District;
(b) the Cache School District;
(c) the Logan School District; and
(d) the Rich School District;
(2) Ogden-Weber Technical College, which serves the geographic area encompassing:
(a) the Ogden City School District; and
(b) the Weber School District;
(3) Davis Technical College, which serves the geographic area encompassing:
(a) the Davis School District; and
(b) the Morgan School District;
(4) Tooele Technical College, which serves the geographic area encompassing the
Tooele County School District;
(5) Mountainland Technical College, which serves the geographic area encompassing:
(a) the Alpine School District;
(b) the Nebo School District;
(c) the Provo School District;
(d) the South Summit School District;
(e) the North Summit School District;
(f) the Wasatch School District; and
(g) the Park City School District;
(6) Uintah Basin Technical College, which serves the geographic area encompassing:
(a) the Daggett School District;
(b) the Duchesne School District; and
(c) the Uintah School District;
(7) Southwest Technical College, which serves the geographic area encompassing:
(a) the Beaver School District;
(b) the Garfield School District;
(c) the Iron School District; and
(d) the Kane School District; and
(8) Dixie Technical College, which serves the geographic area encompassing the
Washington School District.
Section 9. Section 
53B-2a-106
 is amended to read:
53B-2a-106.
Technical colleges -- Duties.
(1) Each technical college shall, within the geographic area served by the technical
college:
(a) offer a noncredit postsecondary and secondary career and technical education
curriculum;
(b) offer that curriculum at:
(i) low cost to adult students, as approved by the board of trustees; and
(ii) no tuition to secondary students;
(c) provide career and technical education that will result in:
(i) appropriate licensing, certification, or other evidence of completion of training; and
(ii) qualification for specific employment, with an emphasis on high demand, high
wage, and high skill jobs in business and industry;
(d) develop cooperative agreements with school districts, charter schools, other higher
education institutions, businesses, industries, and community and private agencies to maximize
the availability of instructional facilities within the geographic area served by the technical
college; and
(e) after consulting with school districts and charter schools within the geographic area
served by the technical college:
(i) ensure that secondary students in the public education system have access to career
and technical education at the technical college; and
(ii) prepare and submit an annual report to the board of trustees detailing:
(A) how the career and technical education needs of secondary students within the
region are being met;
(B) what access secondary students within the region have to programs offered at the
technical college;
(C) how the emphasis on high demand, high wage, high skill jobs in business and
industry described in Subsection (1)(c)(ii) is being provided; and
(D) student tuition and fees.
(2) A technical college may offer:
(a) a competency-based high school diploma approved by the State Board of Education
in accordance with Section 
53A-1-402
;
(b) noncredit, basic instruction in areas such as reading, language arts, and
mathematics that are necessary for student success in a chosen career and technical education
or job-related program;
(c) noncredit courses of interest when similar offerings to the community are limited
and courses are financially self-supporting; and
(d) secondary school level courses through the Statewide Online Education Program in
accordance with Section 
53A-15-1205
.
(3) Except as provided in Subsection (2)(d), a technical college may not:
(a) offer courses other than noncredit career and technical education or the noncredit,
basic instruction described in Subsections (2)(b) and (c);
(b) offer a degree;
(c) offer career and technical education or basic instruction outside the geographic area
served by the technical college without a cooperative agreement between an affected
institution, except as provided in Subsection (6);
(d) provide tenure or academic rank for its instructors; or
(e) participate in intercollegiate athletics.
(4) The mission of a technical college is limited to noncredit career and technical
education and may not expand to include credit-based academic programs typically offered by
community colleges or other institutions of higher education.
(5) A technical college shall be recognized as a member of [
the Utah System of
Technical Colleges
] 
UTech
, and regional affiliation shall be retained and recognized through
local designations such as "Bridgerland Technical College: A member technical college of the
Utah System of Technical Colleges."
(6) (a) A technical college may offer career and technical education or basic instruction
outside the geographic area served by the technical college without a cooperative agreement, as
required in Subsection (3)(c), if:
(i) the career and technical education or basic instruction is specifically requested by:
(A) an employer; or
(B) a craft, trade, or apprenticeship program;
(ii) the technical college notifies the affected institution about the request; and
(iii) the affected institution is given an opportunity to make a proposal, prior to any
contract being finalized or training being initiated by the technical college, to the employer,
craft, trade, or apprenticeship program about offering the requested career and technical
education or basic instruction, provided that the proposal shall be presented no later than one
business week from the delivery of the notice described under Subsection (6)(a)(ii).
(b) The requirements under Subsection (6)(a)(iii) do not apply if there is a prior
training relationship.
Section 10. Section 
53B-2a-107
 is amended to read:
53B-2a-107.
Technical college presidents -- Appointments -- Duties.
(1) (a) The board of trustees shall[
, after consultation with a technical college board of
directors,
] appoint a president for [
the
] 
each
 technical college.
(b) The board of trustees shall establish a policy for appointing a technical college
president that:
(i) requires the board of trustees to create a search committee that:
(A) includes an equal number of board of trustees members and members from the
technical college board of directors; and
(B) may include technical college 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 technical college 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 technical college president in
a meeting that complies with Title 52, Chapter 4, Open and Public Meetings Act.
(2) (a) A technical college president shall serve as the chief executive officer of the
technical college.
(b) A technical college president does not need to have a doctorate degree, but shall
have extensive experience in career and technical education.
(c) A technical college president is subject to regular review and evaluation
administered by the board of trustees, in [
cooperation
] 
consultation
 with the technical college
board of directors, through a process approved by the board of trustees.
(d) A technical college president serves at the [
discretion
] 
pleasure
 of the board of
trustees[
, in cooperation with the technical college board of directors
].
(e) The board of trustees, in [
cooperation
] 
consultation
 with a technical college board
of directors, shall set the compensation for the technical college president using market survey
information.
(3) A technical college president shall:
(a) serve as the executive officer of the technical college board of directors;
(b) administer the day-to-day operations of the technical college;
(c) consult with the technical college board of directors; and
(d) administer human resource policies and employee compensation plans in
accordance with the requirements of the board of trustees.
Section 11. Section 
53B-2a-108
 is repealed and reenacted to read:
 53B-2a-108.
Technical college boards of directors -- Membership --
Appointments.
(1) As used in this section:
(a) "Higher education institution" means the same as that term is defined in Section
53B-2a-112
.
(b) "Technical college service area" means the geographic area served by each
technical college as described in Section 
53B-2a-105
.
(2) A technical college board of directors consists of:
(a) one member of the local school board for each school district in the technical
college service area, appointed by the local school board to which the member belongs;
(b) except as provided in Subsection (3)(b), one individual who is a member of the
higher education institution board of trustees, appointed by the higher education institution
board of trustees; and
(c) a number of individuals, appointed by the governor with the consent of the Senate,
that is:
(i) seven for:
(A) Tooele Technical College;
(B) Uintah Basin Technical College; and
(C) Dixie Technical College;
(ii) eight for:
(A) Bridgerland Technical College;
(B) Ogden-Weber Technical College;
(C) Davis Technical College; and
(D) Southwest Technical College; or
(iii) nine for Mountainland Technical College.
(3) (a) In appointing the members described in Subsection (2)(c), the governor shall
appoint individuals who represent the interests of business, industry, or labor in the technical
college service area.
(b) If no member of the institution of higher education board of trustees lives within
the technical college service area, the institution of higher education board of trustees may
nominate an individual to be appointed by the governor with the consent of the Senate instead
of appointing a member described in Subsection (2)(b).
(4) (a) The governor may remove a member appointed under Subsection (2)(c) or
(3)(b) for cause.
(b) The governor shall consult with the president of the Senate before removing a
member appointed under Subsection (2)(c) or (3)(b).
(5) (a) Notwithstanding Subsection (2) or 
53B-2a-109
(2), an individual appointed to a
technical college board of directors on or before May 7, 2018, may continue to serve on the
technical college board of directors until the end of the individual's current term, even if the
total number of members on the technical college board of directors exceeds the number of
members for the technical college board of directors described in Subsection (2).
(b) Notwithstanding Subsection (2), the governor may only make an appointment
described in Subsection (2)(c) if the number of members on the technical college board of
directors following the appointment will be less than or equal to the number of members for the
technical college board of directors described in Subsection (2).
Section 12. Section 
53B-2a-109
 is amended to read:
53B-2a-109.
Technical college boards of directors -- Terms -- Quorum -- Chair --
Compensation.
[
(1) (a) At the first meeting of a technical college board of directors after July 1, 2009:
]
[
(i) the representatives from the local school boards shall divide up their positions so
that approximately half of them serve for two-year terms and half serve for four-year terms;
and
]
[
(ii) the representatives from business and industry employers shall divide up their
positions so that approximately half of them serve for two-year terms and half serve for
four-year terms.
]
[
(b) Except as provided in Subsection (1)(a), individuals appointed to
]
(1) (a) Except as provided in this Subsection (1), a member of
 a technical college board
of directors [
shall serve
] 
is appointed to a
 four-year [
terms
] 
term
.
(b) The governor may appoint a member described in Subsection 
53B-2a-108
(2)(c) to a
two-year term to ensure that the terms of approximately half of the members described in
Subsection 
53B-2a-108
(2)(c) expire every other year.
(c) When a vacancy occurs in the membership of a technical college board of directors,
the appointing authority for the vacant position described in Section 
53B-2a-108
 shall appoint a
replacement for the remainder of the term.
(d) An appointed member holds office until a successor is appointed in accordance
with Section 
53B-2a-108
.
(2) A member of a technical college board of directors may not hold office for more
than two consecutive full terms.
[
(2) The original appointing authority shall fill any vacancies that occur on a technical
college board of directors.
]
(3) A majority of a technical college board of directors is a quorum.
(4) A technical college board of directors shall elect a chair from the technical college
board of directors' membership.
(5) A member of a technical college board of directors may not receive compensation
or benefits for the member of the technical college board of director'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
.
(6) (a) A technical college board of directors may enact bylaws for the technical college
board of directors' own government, including provisions for regular meetings, that are in
accordance with the policies of the board of trustees.
(b) (i) A technical college board of directors may provide for an executive committee in
the technical college board of directors' bylaws.
(ii) If established, an executive committee shall have the full authority of the technical
college board of directors to act upon routine matters during the interim between board of
directors' meetings.
(iii) An executive committee may act on nonroutine matters only under extraordinary
and emergency circumstances.
(iv) An executive committee shall report the executive committee's activities to the
technical college board of directors at the technical college board of directors' next regular
meeting following the activities.
(7) A technical college board of directors may establish advisory committees.
Section 13. Section 
53B-2a-112
 is amended to read:
53B-2a-112.
Technical colleges -- Relationships with other public and higher
education institutions -- Agreements -- Priorities -- New capital facilities.
(1) As used in this section, "higher education institution" means[
, for each technical
college, the higher education institution designated in Section 
53B-2a-108
 that has a
representative on the technical college's board of directors.
]
:
(a) Utah State University for:
(i) Bridgerland Technical College;
(ii) Tooele Technical College; and
(iii) Uintah Basin Technical College;
(b) Weber State University for:
(i) Ogden-Weber Technical College; and
(ii) Davis Technical College;
(c) Utah Valley University for Mountainland Technical College;
(d) Southern Utah University for Southwest Technical College; and
(e) Dixie State University for Dixie Technical College.
(2) A technical college shall avoid any unnecessary duplication of career and technical
education instructional facilities, programs, administration, and staff between the technical
college and other public and higher education institutions.
(3) A technical college may enter into agreements:
(a) with other higher education institutions to cultivate cooperative relationships;
(b) with other public and higher education institutions to enhance career and technical
education within [
its
] 
the technical college's
 region; or
(c) to comply with Subsection (2).
(4) Before a technical college develops new instructional facilities, the technical
college shall give priority to:
(a) maintaining the technical college's existing instructional facilities for both
secondary and adult students;
(b) coordinating with the president of [
a
] 
the technical college's
 higher education
institution and entering into any necessary agreements to provide career and technical
education to [
both
] secondary and adult students that:
(i) maintain and support existing higher education career and technical education
programs; and
(ii) maximize the use of existing higher education facilities; and
(c) developing cooperative agreements with school districts, charter schools, other
higher education institutions, businesses, industries, and community and private agencies to
maximize the availability of career and technical education instructional facilities for both
secondary and adult students.
(5) (a) Before submitting a funding request pertaining to new capital facilities and land
purchases to the board of trustees, a technical college shall:
(i) ensure that all available instructional facilities are maximized in accordance with
Subsections (4)(a) through (c); and
(ii) coordinate the request with the president of [
a
] 
the technical college's
 higher
education institution, if applicable.
(b) The State Building Board shall make a finding that the requirements of this section
are met before the State Building Board may consider a funding request from the board of
trustees pertaining to new capital facilities and land purchases.
(c) A technical college may not construct, approve the construction of, plan for the
design or construction of, or consent to the construction of a career and technical education
facility without approval of the Legislature.
(6) Before acquiring new fiscal and administrative support structures, a technical
college shall:
(a) review the use of existing public or higher education administrative and accounting
systems, financial record systems, and student and financial aid systems for the delivery of
career and technical education in the region;
(b) determine [
whether it is feasible to use those
] 
the feasibility of using
 existing
systems; and
(c) with the approval of the technical college board of directors and the board of
trustees, use [
those
] 
the
 existing systems.
Section 14. Section 
53B-2a-113
 is amended to read:
53B-2a-113.
Technical colleges -- Leasing authority -- Lease-purchase agreements
-- Report.
(1) In accordance with Subsection 
53B-2a-112
(2), a technical college 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 technical college board of directors; or
(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 technical college
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 technical college 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 technical college and [
Utah System of Technical
Colleges
] 
UTech
 master plans;
(iii) the lease-purchase agreement includes language that allows termination of the
lease;
(iv) the lease-purchase agreement is approved by the technical college 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 technical college shall provide an annual lease report to the board of
trustees that details each of the technical college's leases, annual costs, location, square footage,
and recommendations for lease continuation.
(b) The board of trustees shall compile and distribute an annual combined lease report
for all technical colleges to the Division of Facilities Construction and Management and to
others upon request.
(4) The board of trustees shall use the annual combined lease report in determining
planning, utilization, and budget requests.
Section 15. Section 
53B-2a-114
 is amended to read:
53B-2a-114.
Educational program on the use of information technology.
(1) [
The Utah System of Technical Colleges
] 
UTech
 shall offer an educational program
on the use of information technology as provided in this section.
(2) An educational program on the use of information technology shall:
(a) provide instruction on skills and competencies essential for the workplace and
requested by employers;
(b) include the following components:
(i) a curriculum;
(ii) online access to the curriculum;
(iii) instructional software for classroom and student use;
(iv) certification of skills and competencies most frequently requested by employers;
(v) professional development for faculty; and
(vi) deployment and program support, including integration with existing curriculum
standards; and
(c) be made available to students, faculty, and staff of technical colleges.
Section 16. Section 
53B-8-101
 is amended to read:
53B-8-101.
Waiver of tuition.
(1) (a) The president of an institution of higher education described in Section
53B-2-101
 may waive all or part of the tuition [
in
] 
on
 behalf of meritorious or impecunious
resident students to an amount not exceeding 10% of the total amount of tuition which, in the
absence of the waivers, would have been collected from all Utah resident students at the
institution of higher education.
(b) 
(i)
 Two and a half percent of the waivers designated in Subsection (1)(a) shall be
set aside for members of the Utah National Guard. [
Waivers
]
(ii) A waiver described in Subsection (1)(b)(i)
 shall be preserved by the student at least
60 days before the beginning of an academic term.
(2) (a) A president of an institution of higher education listed in Subsections
53B-2-101
(1)(a) through (h) may waive all or part of the nonresident portion of tuition for a
meritorious nonresident undergraduate student.
(b) In determining which students are meritorious for purposes of granting a tuition
waiver under Subsection (2)(a), a president shall consider students who are performing above
the average at the institution of higher education, including having an admissions index higher
than the average for the institution, if an admissions index is used.
(c) A president 
of an institution of higher education
 may continue to waive the
nonresident portion of tuition for a student described in Subsection (2)(a) for as long as the
student is enrolled at the institution of higher education.
(d) In addition to waiving the nonresident portion of tuition for a meritorious
nonresident student under Subsection (2)(a), a president 
of an institution of higher education
may waive the resident portion of tuition after the meritorious nonresident student completes a
year of full-time study at the institution of higher education.
(3) To encourage students to enroll for instruction in occupations critical to the state for
which trained personnel are in short supply, a president of an institution of higher education
shall grant additional full or partial tuition waivers upon recommendation of:
(a) the board, for an institution of higher education described in [
Subsection (1)(a)
]
Subsections 
53B-2-101
(1)(a) through (h)
; or
(b) the Utah System of Technical Colleges Board of Trustees, for a technical college.
(4) A president 
of an institution of higher education
 may waive all or part of the
difference between resident and nonresident tuition [
in the case of
] 
for
:
(a) meritorious graduate students; or
(b) nonresident summer school students.
(5) The board may establish policies that:
(a) require an institution of higher education described in Subsections 
53B-2-101
(1)(a)
through (h) to regularly assess and report whether the institution of higher education's use of
tuition waivers supports the goals established by the board in accordance with Section
53B-1-103
 for the institution of higher education;
(b) subject to the provisions of this section, establish the amount or percentage of
tuition that an institution of higher education may waive;
(c) define the terms "meritorious" and "impecunious," as the terms apply to tuition
waivers for resident students described in Subsection (1)(a); and
(d) establish limitations on an institution of higher education's allocation of waivers
described in Subsection (1)(a) for resident students who are meritorious or resident students
who are impecunious.
[
(5)
] 
(6)
 (a) The board shall submit an annual budget appropriation request for each
institution of higher education described in Subsections 
53B-2-101
(1)(a) through (h).
(b) The Utah System of Technical Colleges Board of Trustees shall submit an annual
budget appropriation request for each technical college.
(c) A request described in Subsection [
(5)
] 
(6)
(a) or (b) shall include requests for funds
sufficient in amount to equal the estimated loss of dedicated credits that would be realized if all
of the tuition waivers authorized by Subsection (2) were granted.
Section 17. Section 
63C-19-101
 is enacted to read:
CHAPTER 19. HIGHER EDUCATION STRATEGIC PLANNING COMMISSION
Part 1. General Provisions
 63C-19-101.
Title.
This chapter is known as "Higher Education Strategic Planning Commission."
Section 18. Section 
63C-19-102
 is enacted to read:
 63C-19-102.
Definitions.
As used in this chapter:
(1) "Commission" means the Higher Education Strategic Planning Commission created
in Section 
63C-19-201
.
(2) "Institution of higher education" means an institution described in Subsections
53B-1-102
(1)(a)(ii) through (ix).
(3) "Institutional role" means an institution of higher education's role described in
Section 
53B-16-101
.
(4) "State system of higher education" means the state system of higher education
described in Section 
53B-1-102
.
(5) "Strategic plan" means the strategic plan described in Section 
63C-19-202
.
(6) "Technical college" means the same as that term is defined in Section 
53B-1-101.5
.
Section 19. Section 
63C-19-201
 is enacted to read:
Part 2. Higher Education Strategic Planning Commission
 63C-19-201.
Higher Education Strategic Planning Commission -- Membership --
Quorum and voting requirements -- Compensation -- Staff support.
(1) There is created the Higher Education Strategic Planning Commission consisting of
the following 22 members:
(a) two members of the Senate, appointed by the president of the Senate;
(b) two members of the House of Representatives, appointed by the speaker of the
House of Representatives;
(c) two members of the State Board of Regents, appointed by the chair of the State
Board of Regents;
(d) two members of the Utah System of Technical Colleges Board of Trustees,
appointed by the chair of the Utah System of Technical Colleges Board of Trustees;
(e) four individuals, appointed by the chair of the State Board of Regents, who
represent institutions of higher education from a range of geographic areas and with varied
institutional roles;
(f) two individuals, appointed by the chair of the Utah System of Technical Colleges
Board of Trustees, who represent technical colleges from a range of geographic areas;
(g) the commissioner of higher education or the commissioner's designee;
(h) the commissioner of technical education or the commissioner's designee;
(i) a member of the governor's staff who is responsible for advising the governor on
education issues, appointed by the governor;
(j) the executive director of the Governor's Office of Economic Development or the
executive director's designee;
(k) the executive director of the Department of Workforce Services or the executive
director's designee;
(l) the state superintendent of public instruction or the superintendent's designee; and
(m) two Utah business leaders, one appointed by the president of the Senate and one
appointed by the speaker of the House of Representatives.
(2) (a) The president of the Senate shall appoint one of the members described in
Subsection (1)(a) as a cochair of the commission.
(b) The speaker of the House of Representatives shall appoint one of the members
described in Subsection (1)(b) as a cochair of the commission.
(c) The chair of the State Board of Regents shall appoint one of the members described
in Subsection (1)(c) as a vice chair of the commission.
(d) The chair of the Utah System of Technical Colleges Board of Trustees shall appoint
one of the members described in Subsection (1)(d) as a vice chair of the commission.
(3) (a) The salary and expenses of a commission member who is a legislator shall be
paid in accordance with Section 
36-2-2
 and Legislative Joint Rules, Title 5, Chapter 3,
Legislator Compensation.
(b) A commission member who is not a legislator may not receive compensation or
benefits for the member's service on the commission, but may receive per diem and
reimbursement for travel expenses incurred as a commission member at the rates established by
the Division of Finance under:
(i) Sections 
63A-3-106
 and 
63A-3-107
; and
(ii) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(4) (a) A majority of the commission members constitutes a quorum.
(b) The action of a majority of a quorum constitutes an action of the commission.
(5) The Office of Legislative Research and General Counsel and the Office of the
Legislative Fiscal Analyst shall provide staff support to the commission.
Section 20. Section 
63C-19-202
 is enacted to read:
 63C-19-202.
Commission powers and duties -- Strategic plan -- Consultant --
Reports.
(1) (a) The commission shall develop a strategic plan aimed at meeting the future
challenges of the state system of higher education.
(b) The strategic plan shall address:
(i) providing quality, accessible, and innovative postsecondary education that prepares
Utahns for the twenty-first century;
(ii) cost-effective and affordable modes of higher education delivery;
(iii) the integration of prior learning and competency-based experiences to meet degree
or certificate requirements;
(iv) maximizing the role of the state system of higher education in workforce and
economic development;
(v) a statewide campus and technology master plan that reflects regional differences in
projected student enrollment growth in the state system of higher education;
(vi) governance of the state system of higher education, including studying best
practices and recommending modifications; and
(vii) other issues related to the state system of higher education as determined by the
commission.
(2) (a) The commission shall:
(i) select a consultant to manage the strategic planning process in accordance with
Subsection (3);
(ii) guide the analytical work of a consultant described in Subsection (2)(a)(i) and
review the results of the work;
(iii) coordinate with a consultant described in Subsection (2)(a)(i) to engage in a
strategic planning process and create a strategic plan;
(iv) conduct regional meetings to gather stakeholder input during the strategic planning
process; and
(v) report to the Legislature and the governor in accordance with Subsection (5).
(b) The commission may designate and assign working groups within the commission
to address, study, evaluate, or discuss issues related to the commission's work.
(3) Subject to direction from the commission, a consultant selected under Subsection
(2)(a) shall:
(a) collect and analyze data related to the current and future projected conditions of the
state system of higher education, including:
(i) relevant demographics and educational attainment;
(ii) the state's economy, including workforce supply and demand;
(iii) affordability and financing of higher education through tuition, state funding, and
other sources;
(iv) innovation by institutions of higher education, including research and research
commercialization;
(v) operational and capital facility efficiencies;
(vi) accountability measures to assess the performance of the state system of higher
education; and
(vii) any other data collection or analysis requested by the commission;
(b) based on the data described in Subsection (3)(a), make comparisons between higher
education in Utah and higher education in other states or countries;
(c) project the condition of the state system of higher education in the future under the
state's current system based on the projected:
(i) population;
(ii) workforce needs; and
(iii) funding requirements through tuition and state funding;
(d) develop alternatives to the projection described in Subsection (3)(c) by modeling
potential changes to:
(i) industry and economic growth;
(ii) student enrollment patterns;
(iii) the portion of funding for the state system of higher education that comes from
tuition and the portion of funding that comes from state funding; and
(iv) investments in capital facilities or technology infrastructure;
(e) recommend accountability or performance measures to assess the effectiveness of
the state system of higher education;
(f) in coordination with the commission, conduct the regional meetings described in
Subsection (2)(a)(iv) to share information and seek input from a range of stakeholders;
(g) recommend changes to the governance system for the state system of higher
education that would facilitate implementation of the strategic plan; and
(h) produce for the commission:
(i) a draft report, including findings, observations, and strategic priorities; and
(ii) a final report, incorporating feedback from the commission on the draft report
described in Subsection (3)(h)(i), regarding the future of the state system of higher education.
(4) The State Board of Regents and the Utah System of Technical Colleges Board of
Trustees shall provide the commission and a consultant selected under Subsection (2)(a) with
data and data analysis as requested by the commission.
(5) (a) On or before November 30, 2018, the commission shall report on the
commission's progress to:
(i) the Education Interim Committee;
(ii) the Higher Education Appropriations Subcommittee;
(iii) the Legislative Management Committee; and
(iv) the governor.
(b) On or before November 30, 2019, the commission shall provide a final report,
including a strategic plan and any recommendations, to:
(i) the Education Interim Committee;
(ii) the Higher Education Appropriations Subcommittee;
(iii) the Legislative Management Committee; and
(iv) the governor.
Section 21. Section 
63I-2-253
 is amended to read:
63I-2-253.
 Repeal dates -- Titles 53 through 53G.
[
(1) Section 
53A-1-403.5
 is repealed July 1, 2017.
]
[
(2) Section 
53A-1-411
 is repealed July 1, 2017.
]
[
(3) Section 
53A-1-415
 is repealed July 1, 2019.
]
[
(4) Section 
53A-1-709
 is repealed July 1, 2020.
]
[
(5) Subsection 
53A-1-1207
(3)(b)(ii)(B) is repealed July 1, 2020.
]
[
(6) Section 
53A-1-1208
 is repealed July 1, 2020.
]
[
(7) Subsection 
53A-1a-513
(4) is repealed July 1, 2017.
] 
[
(8) Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is
repealed July 1, 2017.
]
[
(9) Section 
53A-24-601
 is repealed January 1, 2018.
]
[
(10)
] 
(1)
 Section 
53A-24-602
 is repealed July 1, 2018.
[
(11)
] 
(2)
 (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.
(3) (a) Subsection 
53B-2a-108
(5) is repealed July 1, 2022.
(b) When repealing Subsection 
53B-2a-108
(5), 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.
[
(12) Subsections 
53B-7-101
(2)(b)(iii)(A) and (3) are repealed January 1, 2018.
]
[
(13)
] 
(4)
 Subsection 
53B-7-705
(6)(b)(ii)(B) is repealed July 1, 2021.
[
(14)
] 
(5)
 Subsection 
53B-7-707
(4)(b) is repealed July 1, 2021.
[
(15)
] 
(6)
 (a) The following sections are repealed on July 1, 2023:
(i) Section 
53B-8-202
;
(ii) Section 
53B-8-203
;
(iii) Section 
53B-8-204
; and
(iv) Section 
53B-8-205
.
(b) (i) Subsection 
53B-8-201
(2) is repealed on July 1, 2023.
(ii) When repealing Subsection 
53B-8-201
(2), 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.
[
(16)
] 
(7)
 Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
repealed July 1, 2023. 
(8) Subsection 
53E-5-306
(3)(b)(ii)(B) is repealed July 1, 2020.
(9) Section 
53E-5-307
 is repealed July 1, 2020.
(10) Section 
53F-4-204
 is repealed July 1, 2019.
(11) Section 
53F-6-202
 is repealed July 1, 2020.
Section 22. Section 
63I-2-263
 is amended to read:
63I-2-263.
Repeal dates, Title 63A to Title 63N.
[
(1) Section 
63A-5-227
 is repealed on January 1, 2018.
]
(1) Title 63C, Chapter 19, Higher Education Strategic Planning Commission, is
repealed July 1, 2020.
(2) Section 
63H-7a-303
 is repealed on July 1, 2022.
(3) On July 1, 2019:
(a) in Subsection 
63J-1-206
(3)(c)(i), the language that states "(i) Except as provided in
Subsection (3)(c)(ii)" is repealed; and
(b) Subsection 
63J-1-206
(3)(c)(ii) is repealed.
(4) Subsection 
63N-3-109
(2)(f)(i)(B) is repealed July 1, 2020.
(5) Section 
63N-3-110
 is repealed July 1, 2020.
Section 23. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To Legislature - Legislative Services
From General Fund, one-time
$337,000
Schedule of Programs:
Administration $337,000
The Legislature intends that the appropriation under this item be used for the
requirements described in Title 63C, Chapter 19, Higher Education Strategic Planning
Commission.
ITEM 2
To Legislature - Senate
From General Fund, one-time
$6,300
Schedule of Programs:
Administration $6,300
ITEM 3
To Legislature - House of Representatives
From General Fund, one-time
$6,300
Schedule of Programs:
Administration $6,300