Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 318 Third Substitute (2021GS)

Sponsor

Rep. Ballard, M.G.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• amends the duties of the Utah Board of Higher Education (the board);
• reorganizes provisions related to technical education provided by certain degree-granting institutions;
• authorizes an institution of higher education to form a nonprofit corporation or foundation, within the institution of higher education's role and mission;
• amends provisions related to the duties of institution of higher education boards of trustees;
• repeals provisions related to the Salt Lake Community College School of Applied Technology;
• transfers responsibility for Salt Lake Community College School of Applied Technology to Salt Lake Community College;
• repeals outdated provisions; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

HIGHER EDUCATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Melissa G. Ballard
Senate Sponsor: 
Ann Millner
LONG TITLE
General Description:
This bill amends provisions related to the Utah system of higher education.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ amends the duties of the Utah Board of Higher Education (the board);
▸ reorganizes provisions related to technical education provided by certain
degree-granting institutions;
▸ authorizes an institution of higher education to form a nonprofit corporation or
foundation, within the institution of higher education's role and mission;
▸ amends provisions related to the duties of institution of higher education boards of
trustees;
▸ repeals provisions related to the Salt Lake Community College School of Applied
Technology;
▸ transfers responsibility for Salt Lake Community College School of Applied
Technology to Salt Lake Community College;
▸ repeals outdated provisions; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides coordination clauses.
Utah Code Sections Affected:
AMENDS:
53B-1-112
, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 315
53B-1-114
, as last amended by Laws of Utah 2020, Chapter 365
53B-1-402
, as renumbered and amended by Laws of Utah 2020, Chapter 365
53B-1-408
, as last amended by Laws of Utah 2020, Chapter 352 and renumbered and
amended by Laws of Utah 2020, Chapter 365
53B-2-102
, as last amended by Laws of Utah 2020, Chapter 365
53B-2-103
, as last amended by Laws of Utah 2020, Chapter 365
53B-2-104
, as last amended by Laws of Utah 2020, Chapters 352, 365, and 373
53B-2-106
, as last amended by Laws of Utah 2020, Chapter 365
53B-2a-100.5
, as last amended by Laws of Utah 2020, Chapter 365
53B-2a-107
, as last amended by Laws of Utah 2020, Chapter 365
53B-2a-110
, as last amended by Laws of Utah 2020, Chapter 365
53B-6-105
, as last amended by Laws of Utah 2019, Chapter 444
53B-7-103
, as enacted by Laws of Utah 1987, Chapter 167
53B-7-105
, as enacted by Laws of Utah 2004, Chapter 116
53B-8-115
, as last amended by Laws of Utah 2020, Chapter 196
53B-8d-102
, as last amended by Laws of Utah 2017, Chapter 382
53B-16-101
, as last amended by Laws of Utah 2020, Chapter 365
53B-16-205
, as last amended by Laws of Utah 2020, Chapter 365
53B-16-207
, as last amended by Laws of Utah 2019, Chapter 357
53B-26-102
, as last amended by Laws of Utah 2019, Chapters 136 and 357
53B-28-402
, as enacted by Laws of Utah 2020, Chapter 254
53E-3-507
, as last amended by Laws of Utah 2020, Chapter 365
63A-5b-102
, as enacted by Laws of Utah 2020, Chapter 152
63A-5b-202
, as enacted by Laws of Utah 2020, Chapter 152
63A-5b-403
, as enacted by Laws of Utah 2020, Chapter 152
63I-2-253
, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 13
63N-12-501
, as last amended by Laws of Utah 2020, Chapter 164
ENACTS:
53B-2-112
, Utah Code Annotated 1953
53B-2a-201
, Utah Code Annotated 1953
53B-2a-202
, Utah Code Annotated 1953
REPEALS:
53B-1-115
, as enacted by Laws of Utah 2018, Chapter 3
53B-1-503
, as enacted by Laws of Utah 2020, Chapter 365
53B-2-105
, as last amended by Laws of Utah 1991, Chapter 58
53B-2a-103
, as last amended by Laws of Utah 2020, Chapters 352 and 373
53B-2a-104
, as last amended by Laws of Utah 2020, Chapter 365
53B-2a-114
, as last amended by Laws of Utah 2020, Chapter 365
53B-16-201
, as last amended by Laws of Utah 2017, Chapter 382
53B-16-209
, as last amended by Laws of Utah 2020, Chapter 365
53B-16-211
, as enacted by Laws of Utah 2012, Chapter 181
Utah Code Sections Affected by Coordination Clause:
53B-7-702
, as last amended by Laws of Utah 2020, Chapter 365
53B-8-115
, as last amended by Laws of Utah 2020, Chapter 196
53B-26-102
, as last amended by Laws of Utah 2019, Chapters 136 and 357
63N-1b-101
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53B-1-112
 is amended to read:
53B-1-112.
Disclosure requirements for institution programs.
(1) As used in this section:
(a) "Department" means the Department of Workforce Services.
[
(b) (i) "Institution" means:
]
[
(A) the University of Utah;
]
[
(B) Utah State University;
]
[
(C) Weber State University;
]
[
(D) Southern Utah University;
]
[
(E) Snow College;
]
[
(F) Dixie State University;
]
[
(G) Utah Valley University;
]
[
(H) Salt Lake Community College; and
]
[
(I) except as provided in Subsection (1)(b)(iii), any other university or college
established and maintained by the state.
]
[
(ii) "Institution" includes a branch or affiliated institution and a campus or facility
owned, operated, or controlled by the governing board of the university or college.
]
[
(iii) "Institution" does not include a technical college.
]
(b) "Institution" means an institution of higher education described in Section
53B-1-102
.
(c) "Job placement data" means information collected by the board, and based on
information from the department, that reflects the job placement rate and industry employment
information for a student who graduates from a program.
(d) (i) "Program" means a program of organized instruction or study at an institution
that leads to:
(A) an academic degree;
(B) a professional degree;
(C) a vocational degree;
(D) a certificate of one year or greater or the direct assessment equivalent; or
(E) another recognized educational credential.
(ii) "Program" includes instruction or study that, in lieu of time as a measurement for
student learning, utilizes direct assessment of student learning, or recognizes the direct
assessment of student learning by others, if the assessment is consistent with the accreditation
of the institution or program utilizing the results of the assessment.
(e) "Student loan information" means the percentage of students at an institution who:
(i) received a Title IV loan authorized under:
(A) the Federal Perkins Loan Program;
(B) the Federal Family Education Loan Program; or
(C) the William D. Ford Direct Loan Program; and
(ii) fail to pay a loan described in Subsection (1)(e)(i)(A), (B), or (C).
(f) "Total costs" means:
(i) the estimated costs a student would incur while completing a program, including:
(A) tuition and fees; and
(B) books, supplies, and equipment; and
(ii) calculated based on a student's degree, the institution's average costs that would be
incurred while a student completes a program and are subsidized by taxpayer contribution,
including:
(A) tuition and fees; and
(B) other applicable expenses subsidized by taxpayer contribution for program
completion.
(g) "Wage data" means information collected by the board, and based on information
from the department, that reflects a student's wage the first year and fifth year after a student
has successfully completed a program.
(2) (a) Except as provided in Subsection [
(5)
] 
(4)
, for each program listed in an
institution's course catalog or each program otherwise offered by the institution, the institution
shall provide a conspicuous and direct link on the institution's website, subject to Subsection
(2)(b), to the following information maintained by the board in accordance with Subsection (3):
(i) job placement data;
(ii) to the extent supporting data is available, student loan information;
(iii) total costs; and
(iv) wage data.
(b) An institution shall include the information described in Subsection (2)(a) on each
institutional website that includes academic, cost, financial aid, or admissions information for a
program.
(3) The board or the board's designee shall:
(a) collect the information described in Subsection (2)(a);
(b) develop through user testing a format for the display of information described in
Subsection (2)(a) that is easily accessible and informative; and
(c) maintain the information described in Subsection (2)(a) so that it is current.
[
(4) No later than July 1, 2018:
]
[
(a) the board shall make the information described in Subsection (2)(a) available in a
format described in Subsection (3)(b); and
]
[
(b) an institution shall include the information described in Subsection (2)(a) in
accordance with Subsection (2)(b).
]
[
(5)
] 
(4)
 An institution is not subject to Subsection (2) for a program that the institution
is required to report on under 34 C.F.R. Sec. 668.412.
[
(6)
] 
(5)
 The board shall, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, make rules for the implementation and administration of this section.
Section 2. Section 
53B-1-114
 is amended to read:
53B-1-114.
Coordination for education.
(1) At least quarterly, in order to coordinate education services, the commissioner and
the state superintendent of public instruction shall convene a meeting of individuals who have
responsibilities related to Utah's education system, including:
(a) the state superintendent of public instruction;
(b) the commissioner;
(c) the executive director of the Department of Workforce Services described in
Section 
35A-1-201
;
(d) the executive director of the Governor's Office of Economic Development
described in Section 
63N-1-202
;
(e) the chair of the State Board of Education;
(f) the chair of the Utah Board of Higher Education;
(g) a member of the governor's staff; and
(h) the chairs of the Education Interim Committee.
(2) The coordinating group described in this section shall, for the State Board of
Education and the Utah Board of Higher Education:
(a) coordinate strategic planning efforts;
(b) [
encourage alignment of
] 
align
 strategic plans; and
(c) report on the State Board of Education's strategic plan to the Utah Board of Higher
Education and the Utah Board of Higher Education's strategic plan to the State Board of
Education.
(3) A meeting described in Subsection (1) is not subject to Title 52, Chapter 4, Open
and Public Meetings Act.
Section 3. Section 
53B-1-402
 is amended to read:
53B-1-402.
Establishment of board -- Powers, duties, and authority -- Reports.
(1) There is established a State Board of Regents, which:
(a) beginning July 1, 2020, is renamed the Utah Board of Higher Education;
(b) is the governing board for the institutions of higher education;
(c) controls, manages, and supervises the Utah system of higher education; and
(d) is a body politic and corporate with perpetual succession and with all rights,
immunities, and franchises necessary to function as a body politic and corporate.
(2) The board shall:
(a) establish and promote a state-level vision and goals for higher education that
emphasize system priorities, including:
(i) quality;
(ii) affordability;
[
(iii) educational opportunity, access, equity, and completion;
]
(iii) access and equity;
(iv) completion;
[
(iv)
] 
(v)
 workforce alignment and preparation for high-quality jobs; and
[
(v)
] 
(vi)
 economic growth;
(b) establish policies and practices that advance the vision and goals;
(c) establish metrics to demonstrate and monitor:
(i) performance related to the goals; and
(ii) performance on measures of operational efficiency;
(d) collect and analyze data including economic data, demographic data, and data
related to the metrics;
(e) coordinate data collection across institutions;
(f) establish, approve, and oversee each institution's mission and role in accordance
with Section 
53B-16-101
;
(g) assess an institution's performance in accomplishing the institution's mission and
role;
(h) participate in the establishment and review of programs of instruction in accordance
with Section 
53B-16-102
;
(i) perform duties related to an institution of higher education president, including:
(i) appointing an institution of higher education president in accordance with [
Sections
53B-2-102
 and 
53B-2a-107
] 
Section 
53B-2-102
;
(ii) providing support and guidance to an institution of higher education president;
[
and
]
(iii) evaluating an institution of higher education president based on institution
performance and progress toward systemwide priorities; 
and
(iv) setting the compensation for an institution of higher education president;
(j) create and implement a strategic finance plan for higher education, including by:
(i) establishing comprehensive budget and finance priorities for academic education
and technical education;
(ii) allocating statewide resources to institutions;
(iii) setting tuition for each institution;
(iv) administering state financial aid programs;
(v) administering performance funding in accordance with Chapter 7, Part 7,
Performance Funding; and
(vi) developing a strategic capital facility plan and prioritization process in accordance
with Chapter 22, Part 2, Capital Developments, and Sections 
53B-2a-117
 and 
53B-2a-118
;
(k) create a seamless articulated education system for Utah students that responds to
changing demographics and workforce, including by:
(i) providing for statewide prior learning assessment, in accordance with Section
53B-16-110
;
(ii) establishing and maintaining clear pathways for articulation and transfer, in
accordance with Section 
53B-16-105
;
(iii) establishing degree program requirement guidelines, including credit hour limits;
(iv) aligning general education requirements across degree-granting institutions;
(v) coordinating and incentivizing collaboration and partnerships between institutions
in delivering programs;
(vi) coordinating distance delivery of programs; and
(vii) coordinating work-based learning;
(l) coordinate with the public education system:
(i) regarding public education programs that provide postsecondary credit or
certificates; and
(ii) to ensure that an institution of higher education providing technical education
serves secondary students in the public education system;
(m) delegate to an institution board of trustees certain duties related to institution
governance including:
(i) guidance and support for the institution president;
(ii) effective administration;
(iii) the institution's responsibility for contributing to progress toward achieving
systemwide goals; and
(iv) other responsibilities determined by the board;
(n) delegate to an institution of higher education president management of the
institution of higher education;
(o) consult with an institution of higher education board of trustees or institution of
higher education president before acting on matters pertaining to the institution of higher
education;
[
(o)
] 
(p)
 maximize efficiency throughout the Utah system of higher education by
identifying and establishing shared administrative services;
[
(p)
] 
(q)
 develop strategies for providing higher education, including career and
technical education, in rural areas;
[
(q)
] 
(r)
 manage and facilitate a process for initiating, prioritizing, and implementing
education reform initiatives; and
[
(r)
] 
(s)
 provide ongoing quality review of institutions.
(3) The board shall submit an annual report of the board's activities and performance
against the board's goals and metrics to:
(a) the Education Interim Committee;
(b) the Higher Education Appropriations Subcommittee;
(c) the governor; and
(d) each institution of higher education.
(4) The board shall prepare and submit an annual report detailing the board's progress
and recommendations on workforce related issues, including career and technical education, to
the governor and to the Legislature's Education Interim Committee by October 31 of each year,
including information detailing:
(a) how the career and technical education needs of secondary students are being met
by institutions of higher education;
(b) how the emphasis on high demand, high wage, and high skill jobs in business and
industry is being provided;
(c) performance outcomes, including:
(i) entered employment;
(ii) job retention; and
(iii) earnings;
(d) an analysis of workforce needs and efforts to meet workforce needs; and
(e) student tuition and fees.
(5) The board may modify the name of an institution of higher education to reflect the
role and general course of study of the institution.
(6) The board may not [
conduct a feasibility study or perform another act
] 
take action
relating to merging a technical college with another institution of higher education 
without
legislative approval
.
(7) This section does not affect the power and authority vested in the State Board of
Education to apply for, accept, and manage federal appropriations for the establishment and
maintenance of career and technical education.
(8) The board shall ensure that any training or certification that an employee of the
higher education system is required to complete under this title or by board rule complies with
Title 63G, Chapter 22, State Training and Certification Requirements.
Section 4. Section 
53B-1-408
 is amended to read:
53B-1-408.
Appointment of commissioner of higher education -- Qualifications --
Associate commissioners -- Duties.
(1) (a) [
Subject to Section 
53B-1-503
, the
] 
The
 board, upon approval from the
governor and with the advice and consent of the Senate, shall appoint a commissioner of higher
education to serve at the board's pleasure as the board's chief executive officer.
(b) The commissioner may be terminated by:
(i) the board; or
(ii) the governor, after consultation with the board.
(c) The board shall:
(i) set the salary of the commissioner;
(ii) subject to Subsection (3), prescribe the duties and functions of the commissioner;
and
(iii) select a commissioner on the basis of outstanding professional qualifications.
(2) (a) The commissioner shall appoint, subject to approval by the board:
(i) an associate commissioner for academic education; and
(ii) an associate commissioner for technical education.
(b) (i) The commissioner may appoint associate commissioners in addition to the
associate commissioners described in Subsection (2)(a).
(ii) An association commissioner described in Subsection (2)(b)(i) is not subject to the
approval of the board.
(3) The commissioner is responsible to the board to:
(a) ensure that the policies, programs, and strategic plan of the board are properly
executed;
(b) furnish information about the Utah system of higher education and make
recommendations regarding that information to the board;
(c) provide state-level leadership in any activity affecting an institution of higher
education; and
(d) perform other duties assigned by the board in carrying out the board's duties and
responsibilities.
Section 5. Section 
53B-2-102
 is amended to read:
53B-2-102.
Appointment of institution of higher education presidents.
(1) As used in this section:
(a) "Institution of higher education" means
:
(i)
 a degree-granting institution[
.
]
; or
(ii) a technical college.
(b) "President" means the president of an institution of higher education.
(c) "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) (i) Except as provided in Subsection (4)(a)(ii), 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.
(ii) The board may delegate the authority to appoint the search committee described in
Subsection (4)(a)(i) to an institution of higher education board of trustees.
(iii) The commissioner shall provide staff support to a search committee.
(b) (i) Except as provided in Subsection (4)(b)(ii), a search committee shall be
cochaired by a member of the board and a member of the institution of higher education board
of trustees.
(ii) The board may delegate the authority to chair a search committee to the institution
of higher education board 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 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 6. Section 
53B-2-103
 is amended to read:
53B-2-103.
Degree-granting institution board of trustees -- Powers and duties.
(1) A degree-granting institution has a board of trustees that may act on behalf of the
institution in performing duties, responsibilities, and functions as may be specifically
authorized to the board of trustees by the board or by statute.
(2) A board of trustees of a degree-granting institution has the following powers and
duties:
(a) to facilitate communication between the institution and the community;
(b) to assist in planning, implementing, and executing fund raising and development
projects aimed at supplementing institutional appropriations;
(c) to perpetuate and strengthen alumni and community identification with the
degree-granting institution's tradition and goals;
(d) to select recipients of honorary degrees; and
(e) to approve changes to the degree-granting institution's programs, in accordance
with Section 
53B-16-102
.
(3) A board of trustees of a degree-granting institution shall:
(a) approve a strategic plan for the institution of higher education that is aligned with:
(i) state attainment goals;
(ii) workforce needs; [
and
]
(iii) board goals and metrics described in Section 
53B-1-402
; and
[
(iii)
] 
(iv)
 the institution of higher education's role, mission, and distinctiveness; and
(b) monitor the institution of higher education's progress toward achieving the strategic
plan.
Section 7. Section 
53B-2-104
 is amended to read:
53B-2-104.
Degree-granting institution board of trustees -- Membership -- Terms
-- Vacancies -- Oath -- Officers -- Bylaws -- Quorum -- Committees -- Compensation.
(1) As used in this section, "board of trustees" means the board of trustees for a
degree-granting institution.
[
(1)
] 
(2)
 (a) [
Except as provided in Subsection (10), the
] 
The
 board of trustees of [
an
institution of higher education
] 
a degree-granting institution
 consists of the following:
(i) except as provided in Subsection [
(1)
] 
(2)
(c), eight individuals appointed by the
governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24,
Part 2, Vacancies; 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.
]
(b) In making the appointments described in Subsections (2)(a)(i) and (2)(c)(i), the
governor:
(i) shall ensure that the membership of a board of trustees includes representation of
interests of business, industry, and labor; and
(ii) may not appoint an individual to more than two consecutive full terms.
(c) (i) The board of trustees of Utah State University has nine individuals appointed by
the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter
24, Part 2, Vacancies.
(ii) One of the nine individuals described in Subsection [
(1)
] 
(2)
(c)(i) shall reside in the
Utah State University Eastern service region or the Utah State University Blanding service
region.
[
(2)
] 
(3)
 (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) Except as provided in Subsection [
(2)
] 
(3)
(d), a member appointed under
Subsection [
(1)
] 
(2)
(a)(i) or [
(1)
] 
(2)
(c)(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)
] 
(2)
(a)(i)
or [
(1)
] 
(2)
(c)(i) for cause.
(ii) The governor shall consult with the president of the Senate before removing a
member [
appointed under Subsection (1)(a)(i) or (1)(c)(i)
] 
in accordance with Subsection
(3)(d)(i)
.
[
(3)
] 
(4)
 When a vacancy occurs in the membership of a board of trustees for any
reason, [
the replacement shall be appointed
] 
the governor shall appoint a replacement
 for the
unexpired term.
[
(4)
] 
(5)
 (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)
] 
(6)
 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)
] 
(7)
 (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)
] 
(8)
 A quorum is required to conduct business and consists of six members.
[
(8)
] 
(9)
 A board of trustees may establish advisory committees.
[
(9)
] 
(10)
 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 trustees described in
Section 
53B-2a-108
.
]
(11) A board 
of trustees
 member shall comply with the conflict of interest provisions
described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Section 8. Section 
53B-2-106
 is amended to read:
53B-2-106.
Duties and responsibilities of the president of a degree-granting
institution of higher education -- Approval by board of trustees.
(1) As used in this section, "president" means the president of a degree-granting
institution.
[
(1)
] 
(2)
 (a) [
Except as provided in Subsection (6), the
] 
The
 president of each
[
institution of higher education described in Section 
53B-2-101
] 
degree-granting institution
may exercise grants of power and authority as delegated by the board, as well as the necessary
and proper exercise of powers and authority not specifically denied to the [
institution of higher
education or the institution of higher education's
] 
degree-granting institution or the
degree-granting institution's
 administration, faculty, or students by the board or by law, to
ensure the effective and efficient administration and operation of the [
institution of higher
education
] 
degree-granting institution
 consistent with the statewide [
master
] 
strategic
 plan for
higher education.
(b) [
The president of each institution of higher education
] 
A president
 may, after
consultation with the [
institution of higher education's
] 
degree-granting institution's
 board of
trustees, exercise powers relating to the [
institution of higher education's
] 
degree-granting
institution's
 employees, including faculty and persons under contract with the [
institution of
higher education
] 
degree-granting institution
, by implementing:
(i) furloughs;
(ii) reductions in force;
(iii) benefit adjustments;
(iv) program reductions or discontinuance;
(v) early retirement incentives that provide cost savings to the 
degree-granting
institution [
of higher education
]; or
(vi) other measures that provide cost savings to the 
degree-granting
 institution [
of
higher education
].
[
(2) Except as provided by the board, the president of each institution of higher
education, with the approval of the institution of higher education's board of trustees, may:
]
(3) A president may:
(a) (i) appoint a secretary, a treasurer, administrative officers, deans, faculty members,
and other professional personnel[
,
]
;
(ii)
 prescribe [
their duties, and determine their salaries
] 
duties for a position described
in Subsection (3)(a)(i)
;
[
(ii)
] 
(iii)
 appoint support personnel[
,
]
;
(iv)
 prescribe [
their duties, and
] 
duties for support personnel;
(v)
 determine [
their
] salaries 
for support personnel
 from the [
institution of higher
education's
] 
degree-granting institution's
 position classification plan, which may:
(A) be based upon similarity of duties and responsibilities within the institution of
higher education; and
(B) as funds permit, provide salary and benefits comparable with private enterprise;
[
(iii)
] 
(vi)
 adopt policies for:
(A) employee sick leave use and accrual; and
(B) service recognition for employees with more than 15 years of employment with the
[
institution of higher education
] 
degree-granting institution
; and
[
(iv)
] 
(vii)
 subject to the authority of, the policy established by, and the approval of the
board, and recognizing the status of the institutions within the [
state
] 
Utah
 system of higher
education as bodies politic and corporate, appoint attorneys to
:
(A)
 provide legal advice to the [
institution of higher education's
] 
degree-granting
institution's
 administration
;
 and [
to
]
(B)
 coordinate legal affairs within the 
degree-granting
 institution [
of higher education.
The board shall coordinate activities of attorneys at the institutions of higher education. The
institutions of higher education shall provide an annual report to the board on the activities of
appointed attorneys. These appointed attorneys may not conduct litigation, settle claims
covered by the State Risk Management Fund, or issue formal legal opinions, but shall, in all
respects, cooperate with the Office of the Attorney General in providing legal representation to
the institution of higher education
];
(b) 
subject to the approval of the degree-granting institution's board of trustees,
 provide
for the constitution, government, and organization of the faculty and administration, and enact
implementing rules, including the establishment of a prescribed system of tenure;
(c) 
subject to the approval of the degree-granting institution's board of trustees,
authorize the faculty to determine the general initiation and direction of instruction and of the
examination, admission, and classification of students[
. In recognition of the diverse nature
and traditions of the various institutions governed by the board, the systems of faculty
government need not be identical but should be designed to further faculty identification with
and involvement in the institution's pursuit of achievement and excellence and in fulfillment of
the institution's role as established in the statewide master plan for higher education
]; and
(d) enact rules for administration and operation of the 
degree-granting
 institution
[
which
] 
that:
(i)
 are consistent with the [
prescribed
] 
degree-granting institution's
 role established by
the board, rules enacted by the board, or the laws of the state[
. The rules
]
; and
(ii)
 may provide for
:
(A)
 administrative, faculty, student, and joint committees with jurisdiction over
specified institutional matters[
, for
]
;
(B)
 student government and student affairs organization[
, for
]
;
(C)
 the establishment of institutional standards in furtherance of the ideals of higher
education fostered and subscribed to by the 
degree-granting
 institution [
of higher education, the
institution of higher education's
] 
and the degree-granting institution's
 administration, faculty,
and students[
, and for
]
; and
(D)
 the holding of classes on legal holidays, other than Sunday.
[
(3)
] 
(4)
 [
An institution of higher education
] 
A
 president shall manage the president's
degree-granting
 institution as a part of the Utah system of higher education.
[
(4)
] 
(5) (a)
 Compensation costs and related office expenses for [
appointed attorneys
]
an attorney described in Subsection (3)(a)(vii)
 shall be funded within existing budgets.
(b) The board shall coordinate the activities of attorneys described in Subsection
(3)(a)(vii).
(c) An attorney described in Subsection (3)(a)(vii):
(i) may not:
(A) conduct litigation;
(B) settle a claim covered by the State Risk Management Fund; or
(C) issue a formal legal opinion; and
(ii) shall cooperate with the Office of the Attorney General in providing legal
representation to a degree-granting institution.
(d) A degree-granting institution shall submit an annual report to the board on the
activities of appointed attorneys.
[
(5)
] 
(6)
 The board shall establish guidelines relating to the roles and relationships
between [
institutional
] presidents and boards of trustees, including those matters which must be
approved by a board of trustees before implementation by the president.
[
(6) This section does not apply to a technical college president.
]
(7) A president is subject to regular review and evaluation administered by the board,
in consultation with the degree-granting institution's board of trustees, through a process
approved by the board.
Section 9. Section 
53B-2-112
 is enacted to read:
 53B-2-112.
Formation of non-profit corporations or foundations.
(1) An institution of higher education described in Section 
53B-2-101
 may form a
non-profit corporation or foundation to aid or assist the institution of higher education, within
the institution of higher education's mission and role described in Section 
53B-16-101
, in
meeting the institution of higher education's charitable, scientific, literary, research,
educational, or other objectives.
(2) The board and the president of the institution of higher education control a
nonprofit corporation or foundation described in Subsection (1).
(3) A nonprofit corporation or foundation described in Subsection (1) may receive and
administer:
(a) legislative appropriations;
(b) government grants;
(c) private contracts; or
(d) private gifts.
Section 10. Section 
53B-2a-100.5
 is amended to read:
CHAPTER 2a. TECHNICAL EDUCATION
Part 1. Technical Colleges
53B-2a-100.5.
Title.
This chapter is known as " Technical [
Colleges
] 
Education
."
Section 11. Section 
53B-2a-107
 is amended to read:
53B-2a-107.
Technical college presidents.
(1) [
(a)
] The board shall appoint a president for each technical college 
in accordance
with Section 
53B-2-102
.
[
(b) The board shall establish a policy for appointing a technical college president
that:
]
[
(i) requires the board to create, or delegate to the technical college board of trustees to
create, a search committee that:
]
[
(A) includes board members and at least as many members from the technical college
board of trustees as members from the board; 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 for consideration;
]
[
(iii) provides for at least two members of the technical college board of trustees to
participate in the board's interviews of finalists;
]
[
(iv) provides for the board to vote to appoint a technical college president in a meeting
that complies with Title 52, Chapter 4, Open and Public Meetings Act; and
]
[
(v) provides for the commissioner to provide staff support for a search committee.
]
[
(c) (i) Except as provided in Subsection (1)(c)(ii), a record or information gathered or
generated during the search process for a technical college president, including a candidate's
application and the search committee's deliberations, is confidential and is a protected record
under Section 
63G-2-305
.
]
[
(ii) Application materials for a publicly named finalist are not protected records under
Section 
63G-2-305
.
]
(2) (a) A technical college president [
shall serve as
] 
is
 the chief executive officer of the
technical college.
(b) A technical college president
:
(i)
 does not need to have a doctorate degree[
, but
]
; and
(ii)
 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, in consultation with the technical college board of trustees, through
a process approved by the board.
]
[
(d) A technical college president serves at the pleasure of the board.
]
[
(e) The board, in consultation with a technical college board of trustees, 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 trustees;
]
(a) exercise grants of power and authority as delegated by the board, as well as the
necessary and proper exercise of powers and authority not specifically denied to the technical
college's administration, faculty, or students, by the board or by law, to ensure the effective and
efficient administration and operation of the technical college consistent with the statewide
strategic plan for higher education;
(b) administer the day-to-day operations of the technical college;
(c) consult with the technical college board of trustees;
(d) administer human resource policies and employee compensation plans in
accordance with the requirements of the board; [
and
]
(e) prepare a budget request for the technical college's annual operations to the board;
(f) after consulting with the board, other institutions of higher education, school
districts, and charter schools within the technical college's region, prepare a comprehensive
strategic plan for delivering technical education within the region;
(g) consult with business, industry, the Department of Workforce Services, the
Governor's Office of Economic Development, and the Governor's Office of Management and
Budget on an ongoing basis to determine what workers and skills are needed for employment
in Utah businesses and industries;
(h) coordinate with local school boards, school districts, and charter schools to meet
the technical education needs of secondary students;
(i) develop policies and procedures for the admission, classification, instruction, and
examination of students in accordance with the policies and accreditation guidelines of the
board and the State Board of Education; and
[
(e)
] 
(j)
 manage the technical college president's institution as part of the Utah system
of higher education.
Section 12. Section 
53B-2a-110
 is amended to read:
53B-2a-110.
Technical college board of trustees' powers and duties.
(1) A technical college board of trustees shall:
(a) assist the technical college president in preparing a budget request for the technical
college's annual operations to the board;
(b) after consulting with the board, other higher education institutions, school districts,
and charter schools within the technical college's region, [
prepare
] 
assist the technical college
president in preparing
 a comprehensive strategic plan for delivering technical education within
the region;
[
(c) consult with business, industry, the Department of Workforce Services, the
Governor's Office of Economic Development, and the Governor's Office of Management and
Budget on an ongoing basis to determine what workers and skills are needed for employment
in Utah businesses and industries;
]
[
(d)
] 
(c)
 in accordance with Section 
53B-16-102
, [
develop programs based upon the
information described in Subsection (1)(c)
] 
approve programs
, including expedited program
approval and termination procedures to meet market needs;
[
(e)
] 
(d)
 adopt an annual budget and fund balances;
[
(f) develop policies for the operation of technical education facilities under the
technical college board of trustees' jurisdiction;
]
[
(g) establish human resources and compensation policies for all employees in
accordance with policies of the board;
]
[
(h) approve credentials for employees and assign employees to duties in accordance
with board policies and accreditation guidelines;
]
[
(i)
] 
(e)
 conduct annual program evaluations;
[
(j) appoint program advisory committees and other advisory groups to provide
counsel, support, and recommendations for updating and improving the effectiveness of
training programs and services;
]
[
(k) approve regulations, both regular and emergency, to be issued and executed by the
technical college president;
]
[
(l) coordinate with local school boards, school districts, and charter schools to meet
the technical education needs of secondary students;
]
[
(m) develop policies and procedures for the admission, classification, instruction, and
examination of students in accordance with the policies and accreditation guidelines of the
board and the State Board of Education; and
]
[
(n)
] 
(f)
 (i) approve a strategic plan for the technical college that is aligned with:
(A) state attainment goals;
(B) workforce needs; [
and
]
(C) the technical college's role, mission, and distinctiveness; and
(D) board goals and metrics described in Section 
53B-1-402
; and
(ii) monitor the technical college's progress toward achieving the strategic plan[
.
]
; and
(g) act on behalf of the technical college in performing other duties as authorized by
the board or by statute.
[
(2) A policy described in Subsection (1)(g) does not apply to compensation for a
technical college president.
]
[
(3)
] 
(2)
 A technical college board of trustees may not exercise jurisdiction over career
and technical education provided by a school district or charter school or provided by a higher
education institution independently of the technical college.
[
(4) If a program advisory committee or other advisory group submits a printed
recommendation to a technical college board of trustees, the technical college board of trustees
shall acknowledge the recommendation with a printed response that explains the technical
college board of trustees' action regarding the recommendation and the reasons for the action.
]
Section 13. Section 
53B-2a-201
 is enacted to read:
Part 2. Technical Education at Degree-granting Institutions
 53B-2a-201.
Geographic service areas for degree-granting institutions that
provide technical education.
(1) A degree-granting institution of higher education provides technical education in
the geographic areas of the state described in this section.
(2) (a) The Snow College Richfield campus, described in Section 
53B-16-205
,
provides technical education for the geographic area encompassing:
(i) the Juab School District;
(ii) the Millard School District;
(iii) the Tintic School District;
(iv) the North Sanpete School District;
(v) the South Sanpete School District;
(vi) the Wayne School District;
(vii) the Piute School District; and
(viii) the Sevier School District.
(b) A Utah State University regional institution, as defined in Section 
53B-16-207
,
provides technical education for the geographic area encompassing:
(i) for Utah State University Eastern, described in Section 
53B-18-1201
:
(A) the Carbon School District; and
(B) the Emery School District;
(ii) for Utah State University Blanding, described in Section 
53B-18-1202
, the San
Juan School District; and
(iii) for Utah State University Moab, described in Section 
53B-18-301
, the Grand
School District.
(c) Salt Lake Community College provides technical education for the geographic area
encompassing:
(i) the Salt Lake City School District;
(ii) the Granite School District;
(iii) the Murray School District;
(iv) the Canyons School District; and
(v) the Jordan School District.
Section 14. Section 
53B-2a-202
 is enacted to read:
 53B-2a-202.
Degree-granting institutions that provide technical education --
Duties -- Board evaluation.
(1) A degree-granting institution described in Section 
53B-2a-201
:
(a) shall:
(i) fulfill the technical college duties described in Subsections 
53B-2a-106
(1) and (2);
and
(ii) report annually to the board on:
(A) the status of technical education in the degree-granting institution's service area;
and
(B) student tuition and fees for the technical education programs provided by the
degree-granting institution; and
(b) may not exercise any jurisdiction over career and technical education provided by a
school district or charter school independently of the school district or charter school.
(2) The board shall monitor and evaluate the impact of degree programs on technical
education provided by a degree-granting institution described in Section 
53B-2a-201
.
Section 15. Section 
53B-6-105
 is amended to read:
53B-6-105.
Engineering and Computer Technology Initiative.
[
(1) The Legislature recognizes that a significant increase in the number of
engineering, computer science, and related technology graduates from the state system of
higher education is required over the next several years to advance the intellectual, cultural,
social, and economic well-being of the state and its citizens.
]
[
(2)
] 
(1)
 (a) (i) The board shall [
therefore
] develop, establish, and maintain an
Engineering and Computer Science Initiative within the state system of higher education to
[
double
] 
increase
 the number of graduates in engineering, computer science, and related
technology [
by 2006 and triple the number of graduates by 2009
].
(ii) The board shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, providing the criteria for those fields of study that qualify as
"related technology" under this section and Section 
53B-6-105.9
.
(b) The initiative shall include components that:
(i) improve the quality of instructional programs in engineering, computer science, and
related technology by providing supplemental money for equipment purchases; and
(ii) provide incentives to institutions to hire and retain faculty under Section
53B-6-105.9
.
[
(3)
] 
(2)
 The increase in program capacity under Subsection [
(2)
] 
(1)
(a) shall include
funding for new and renovated capital facilities and funding for new engineering and computer
science programs.
[
(4)
] 
(3)
 The Legislature shall provide an annual appropriation to the board to fund the
initiative.
Section 16. Section 
53B-7-103
 is amended to read:
53B-7-103.
Board designated state educational agent for federal contracts and
aid -- Individual research grants -- Powers of institutions or foundations under
authorized programs.
(1) 
(a)
 The board is the designated state educational agency authorized to negotiate and
contract with the federal government and to accept financial or other assistance from the
federal government or any of its agencies in the name of and in behalf of the state of Utah,
under terms and conditions as may be prescribed by congressional enactment designed to
further higher education.
(b)
 Nothing in this chapter alters or limits the authority of the State Building Board to
act as the designated state agency to administer programs [
in
] 
on
 behalf of and accept funds
from federal, state, and other sources, for capital facilities for the benefit of higher education.
(2) 
(a)
 Subject to policies and procedures established by the board, [
the institutions and
their individual
] 
an institution of higher education and the institution of higher education's
employees may apply for and receive grants or research and development contracts within the
educational role of the recipient institution.
(b)
 [
These authorized programs
] 
A program described in Subsection (2)(a)
 may be
conducted by and through the institution, or by and through any foundation or organization
[
which
] 
that
 is established for the purpose of assisting the institution in the accomplishment of
[
its
] 
the institution's
 purposes.
(3) An institution or [
its
] 
the institution's
 foundation or organization engaged in a
program authorized by the board may do the following:
(a) enter into contracts with federal, state, or local governments or their 
subsidiary
agencies or departments, with private organizations, companies, firms, or industries, or with
individuals for conducting the authorized programs;
(b) subject to the approval of the controlling state agency, conduct authorized programs
within any of the penal, corrective, or custodial institutions of this state and engage the
voluntary participation of inmates in those programs;
(c) accept contributions, grants, or gifts from, and enter into contracts and cooperative
agreements with, any private organization, company, firm, industry, or individual, or any
governmental agency or department, for support of authorized programs within the educational
role of the recipient institution, and may agree to provide matching funds with respect to those
programs from resources available to [
it
] 
the institution
; and
(d) retain, accumulate, invest, commit, and expend the funds and proceeds from
programs funded under Subsection (3)(c), including the acquisition of real and personal
property reasonably required for their accomplishment[
. No
]
, except that no
 portion of the
funds and proceeds may be diverted from or used for purposes other than those authorized or
undertaken under Subsection (3)(c), or [
shall
] 
may
 ever become a charge upon or obligation of
the state of Utah or the general funds appropriated for the normal operations of the institution
unless otherwise permitted by law.
(4) 
(a)
 [
All
] 
Except as provided in Subsection (4)(b), all
 contracts and research or
development grants or contracts requiring the use or commitment of facilities, equipment, or
personnel under the control of an institution 
of higher education
 are subject to the approval of
the board.
(b) (i) The board may delegate the approval of a contract or grant described in
Subsection (4)(a) to an institution of higher education board of trustees.
(ii) If the board makes a delegation described in Subsection (4)(b)(i), the board of
trustees shall annually report to the board on all approved contracts or grants.
Section 17. Section 
53B-7-105
 is amended to read:
53B-7-105.
Higher education cost disclosure.
(1) Each institution within the [
state
] 
Utah
 system of higher education shall, at the time
of registration, plainly disclose to all of [
its
] 
the institution's
 undergraduate resident students
the following amounts, in dollar figures for a full-time equivalent student:
(a) the full cost of instruction;
(b) the amount collected from student tuition and fees; and
(c) the difference between the amounts described under Subsections (1)(a) and (b).
(2) The disclosure under Subsection (1)(c) shall also clearly indicate that this balance
was paid by state tax dollars and other money.
Section 18. Section 
53B-8-115
 is amended to read:
53B-8-115.
Career and technical education scholarships.
(1) As used in this section:
(a) "Eligible institution" means[
:
] 
a degree-granting institution that provides technical
education described in Section 
53B-2a-201
.
[
(i) Salt Lake Community College's School of Applied Technology established in
Section 
53B-16-209
;
]
[
(ii) Snow College;
]
[
(iii) Utah State University Eastern established in Section 
53B-18-1201
;
]
[
(iv) Utah State University Blanding established in Section 
53B-18-1202
; or
]
[
(v) the Utah State University regional campus located at or near Moab described in
Section 
53B-18-301
.
]
(b) "High demand program" means a noncredit career and technical education program
that:
(i) is offered by an eligible institution;
(ii) leads to a certificate; and
(iii) is designated by the board in accordance with Subsection (6).
(c) "Scholarship" means a career and technical education scholarship described in this
section.
(2) Subject to future budget constraints, the Legislature shall annually appropriate
money to the board to be distributed to eligible institutions to award career and technical
education scholarships.
(3) In accordance with the rules described in Subsection (5), an eligible institution may
award a scholarship to an individual who:
(a) is enrolled in, or intends to enroll in, a high demand program; and
(b) demonstrates, in accordance with rules described in Subsection (5)(b), the
completion of a Free Application for Federal Student Aid.
(4) (a) An eligible institution may award a scholarship for an amount of money up to
the total cost of tuition, fees, and required textbooks for the high demand program in which the
scholarship recipient is enrolled or intends to enroll.
(b) An eligible institution may award a scholarship to a scholarship recipient for up to
two academic years.
(c) An eligible institution may cancel a scholarship if the scholarship recipient does
not:
(i) maintain enrollment in the eligible institution on at least a half time basis, as
determined by the eligible institution; or
(ii) make satisfactory progress toward the completion of a certificate.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall make rules:
(a) that establish:
(i) how state funding available for scholarships is divided among eligible institutions;
(ii) requirements related to an eligible institution's administration of a scholarship;
(iii) requirements related to eligibility for a scholarship, including requiring eligible
institutions to prioritize scholarships for underserved populations;
(iv) a process for an individual to apply to an eligible institution to receive a
scholarship; and
(v) how to determine satisfactory progress described in Subsection (4)(c)(ii); and
(b) regarding the completion of the Free Application for Federal Student Aid described
in Subsection (3)(b), including:
(i) provisions for students or parents to opt out of the requirement due to:
(A) financial ineligibility for any potential grant or other financial aid;
(B) personal privacy concerns; or
(C) other reasons the board specifies; and
(ii) direction for applicants to financial aid advisors.
(6) Every other year, after consulting with the Department of Workforce Services, the
board shall designate, as a high demand program, a noncredit career and technical education
program that prepares an individual to work in a job that has, in Utah:
(a) high employer demand and high median hourly wages; or
(b) significant industry importance.
Section 19. Section 
53B-8d-102
 is amended to read:
53B-8d-102.
Definitions.
As used in this chapter:
(1) "Division" means the Division of Child and Family Services.
(2) "Long-term foster care" means an individual who remains in the custody of the
division, whether or not the individual resides:
(a) with licensed foster parents; or
(b) in independent living arrangements under the supervision of the division.
(3) "State institution of higher education" means[
: (a)
] an institution [
designated
]
described
 in Section 
53B-1-102
[
; or
]
.
[
(b) a public institution that offers postsecondary education in consideration of the
payment of tuition or fees for the attainment of educational or vocational objectives leading to
a degree or certificate, including:
]
[
(i) a business school;
]
[
(ii) a technical school;
]
[
(iii) a trade school; or
]
[
(iv) an institution offering related apprenticeship programs.
]
(4) "Tuition" means tuition at the rate for residents of the state.
(5) "Ward of the state" means an individual:
(a) who is:
(i) at least 17 years [
of age
] 
old
; and
(ii) not older than 26 years [
of age
] 
old
;
(b) who had a permanency goal in the individual's child and family plan, as described
in Sections 
62A-4a-205
 and 
78A-6-314
, of long-term foster care while in the custody of the
division; and
(c) for whom the custody of the division was not terminated as a result of adoption.
Section 20. Section 
53B-16-101
 is amended to read:
53B-16-101.
Establishment of institutional roles and general courses of study.
(1) Except as institutional roles are specifically assigned by the Legislature, the board:
(a) shall establish and define the roles of the various institutions of higher education;
and
(b) shall, within each institution of higher education's primary role, prescribe the
general course of study to be offered at the institution of higher education, including for:
(i) research universities, which provide undergraduate, graduate, and research programs
and include:
(A) the University of Utah; and
(B) Utah State University;
(ii) regional universities, which provide career and technical education, undergraduate
associate and baccalaureate programs, and select master's degree programs to fill regional
demands and include:
(A) Weber State University;
(B) Southern Utah University;
(C) Dixie State University; and
(D) Utah Valley University;
(iii) comprehensive community colleges, which provide associate programs and
include:
(A) Salt Lake Community College; and
(B) Snow College; and
(iv) technical colleges and degree-granting institutions that provide technical
education, and include:
(A) each technical college; 
and
[
(B) Salt Lake Community College's School of Applied Technology's technical
education role described in Section 
53B-16-209
;
]
[
(C) each Utah State University regional institution's technical education role described
in Section 
53B-16-207
; and
]
[
(D) Snow College's technical education role described in Section 
53B-16-205
.
]
(B) the degree-granting institutions described in Section 
53B-2a-201
.
(2) (a) Except for the University of Utah, and subject to Subsection (2)(b), each
institution of higher education described in Subsections (1)(b)(i) through (iii) has career and
technical education included in the institution of higher education's primary role.
(b) The board shall determine the extent to which an institution described in
Subsection (2)(a) provides career and technical education within the institution's primary role.
(3) The board shall further clarify each institution of higher education's primary role by
clarifying:
(a) the level of program that the institution of higher education generally offers;
(b) broad fields that are within the institution of higher education's mission; and
(c) any special characteristics of the institution of higher education, such as being a
land grant university.
[
(4) On or before November 1, 2020, the board shall report to the Higher Education
Strategic Planning Commission on the board's activities related to defining and clarifying each
institution's role.
]
Section 21. Section 
53B-16-205
 is amended to read:
53B-16-205.
Establishment of Snow College Richfield campus.
(1) There is established a branch campus of Snow College in Richfield, Utah,
[
hereafter referred to
] 
known
 as the Snow College Richfield campus.
(2) Snow College shall administer the branch campus under the general control and
supervision of the board as an integrated part of Snow College's mission, programs, and
curriculum.
(3) Snow College shall:
(a) maintain a strong curriculum in career and technical education courses at the Snow
College Richfield campus and within the region served by Snow College which can be
transferred to other institutions within the higher education system, together with lower
division courses and courses required for associate degrees in science, arts, applied science, and
career and technical education; 
and
(b) work with school districts and charter schools in developing an aggressive
concurrent enrollment program in cooperation with Snow College Richfield campus[
; and
]
.
[
(c) provide, through the Snow College Richfield Campus, for open-entry, open-exit
competency-based career and technical education programs, at a low cost tuition rate for adults
and at no tuition cost to secondary students, that emphasize short-term job training or retraining
for immediate placement in the job market and serve the geographic area encompassing:
]
[
(i) the Juab School District;
]
[
(ii) the Millard School District;
]
[
(iii) the Tintic School District;
]
[
(iv) the North Sanpete School District;
]
[
(v) the South Sanpete School District;
]
[
(vi) the Wayne School District;
]
[
(vii) the Piute School District; and
]
[
(viii) the Sevier School District.
]
[
(4) Snow College may not exercise any jurisdiction over career and technical
education provided by a school district or charter school independently of Snow College.
]
[
(5) Snow College shall report to the board annually on:
]
[
(a) the status of and maintenance of the effort for career and technical education in the
region served by Snow College, including access to open-entry, open-exit competency-based
career and technical education programs; and
]
[
(b) student tuition and fees.
]
[
(6) Legislative appropriations to Snow College's career and technical education shall
be made as line items that are separate from other appropriations for Snow College.
]
Section 22. Section 
53B-16-207
 is amended to read:
53B-16-207.
Utah State University regional institutions -- Career and technical
education.
(1) As used in this section:
(a) 
"Utah State University regional institution" or
 "USU regional institution" means:
(i) Utah State University Eastern;
(ii) Utah State University Blanding; or
(iii) Utah State University Moab.
(b) "Utah State University Moab" means the Utah State University regional campus
located at or near Moab described in Section 
53B-18-301
.
(2) A USU regional institution shall:
(a) maintain a strong curriculum in career and technical education courses at the USU
regional institution's campus and within the region the USU regional institution serves that can
be transferred to other institutions within the higher education system, together with lower
division courses and courses required for associate degrees in science, arts, applied science, and
career and technical education; 
and
(b) work with school districts and charter schools in developing an aggressive
concurrent enrollment program[
; and
]
.
[
(c) provide for open-entry, open-exit competency-based career and technical education
programs, at a low cost tuition rate for adults and at no tuition cost to secondary students, that
emphasize short-term job training or retraining for immediate placement in the job market and
serve the geographic area encompassing:
]
[
(i) for Utah State University Eastern, the Carbon School District and the Emery
School District;
]
[
(ii) for Utah State University Blanding, the San Juan School District; and
]
[
(iii) for Utah State University Moab, the Grand School District.
]
[
(3) A USU regional institution may not exercise any jurisdiction over career and
technical education provided by a school district or charter school independently of the USU
regional institution.
]
[
(4) A USU regional institution shall report to the board annually on:
]
[
(a) the status of and maintenance of the effort for career and technical education in the
region served by the USU regional institution, including access to open-entry, open-exit
competency-based career and technical education programs; and
]
[
(b) student tuition and fees.
]
[
(5) Legislative appropriations to Utah State University career and technical education
described in this section shall be made as line items that are separate from other appropriations
for Utah State University.
]
Section 23. Section 
53B-26-102
 is amended to read:
53B-26-102.
Definitions.
As used in this part:
(1) "CTE" means career and technical education.
(2) "CTE region" means an economic service area created in Section 
35A-2-101
.
(3) "Eligible partnership" means:
(a) a regional partnership; or
(b) a statewide partnership.
(4) "Employer" means a private employer, public employer, industry association, the
military, or a union.
(5) "Industry advisory group" means:
(a) a group of at least five employers that represent the workforce needs to which a
proposal submitted under Section 
53B-26-103
 responds; and
(b) a representative of the Governor's Office of Economic Development, appointed by
the executive director of the Governor's Office of Economic Development.
[
(6) "Institution of higher education" means the University of Utah, Utah State
University, Southern Utah University, Weber State University, Snow College, Dixie State
University, Utah Valley University, or Salt Lake Community College.
]
[
(7)
] 
(6)
 "Regional partnership" means a partnership that:
(a) provides educational services within one CTE region; and
(b) is between at least two of the following located in the CTE region:
(i) a technical college;
(ii) a school district or charter school; or
[
(iii) an institution of higher education.
]
(iii) a degree-granting institution.
[
(8)
] 
(7)
 "Stackable sequence of credentials" means a sequence of credentials that:
(a) an individual can build upon to access an advanced job or higher wage;
(b) is part of a career pathway system;
(c) provides a pathway culminating in the equivalent of an associate's or bachelor's
degree;
(d) facilitates multiple exit and entry points; and
(e) recognizes sub-goals or momentum points.
[
(9)
] 
(8)
 "Statewide partnership" means a partnership between at least two regional
partnerships.
[
(10)
] 
(9)
 "Technical college" means:
(a) a college described in Section 
53B-2a-105
; 
or
(b) a degree-granting institution that provides technical education described in Section
53B-2a-201
.
[
(b) the School of Applied Technology at Salt Lake Community College established
under Section 
53B-16-209
;
]
[
(c) Utah State University Eastern established under Section 
53B-18-1201
;
]
[
(d) Utah State University Blanding established under Section 
53B-18-1202
; or
]
[
(e) the Snow College Richfield campus established under Section 
53B-16-205
.
]
Section 24. Section 
53B-28-402
 is amended to read:
53B-28-402.
Campus safety study -- Report to Legislature.
(1) As used in this section:
(a) "Campus law enforcement" means a unit of an institution that provides public
safety services.
(b) (i) "Institution" means an institution of higher education described in Section
53B-2-101
.
(ii) "Institution" includes an institution's campus law enforcement.
(c) "Local district" means the same as that term is defined in Section 
17B-1-102
.
(d) "Local law enforcement" means a state or local law enforcement agency other than
campus law enforcement.
(e) "Public safety services" means police services, security services, dispatch services,
emergency services, or other similar services.
(f) "Sexual violence" means the same as that term is defined in Section 
53B-28-301
.
(g) "Special service district" means the same as that term is defined in Section
17D-1-102
.
(h) "Student" means the same as that term is defined in Section 
53B-28-301
.
(i) "Student organization" means the same as that term is defined in Section
53B-28-401
.
(2) The board shall:
(a) study issues related to providing public safety services on institution campuses,
including:
(i) policies and practices for hiring, supervision, and firing of campus law enforcement
officers;
(ii) training of campus law enforcement in responding to incidents of sexual violence
or other crimes reported by or involving a student, including training related to lethality or
similar assessments;
(iii) how campus law enforcement and local law enforcement respond to reports of
incidents of sexual violence or other crimes reported by or involving a student, including
supportive measures for victims and disciplinary actions for perpetrators;
(iv) training provided to faculty, staff, students, and student organizations on campus
safety and prevention of sexual violence;
(v) roles, responsibilities, jurisdiction, and authority of local law enforcement and
campus law enforcement, including authority based on:
(A) the type of public safety services provided; or
(B) geographic boundaries;
(vi) how an institution and local law enforcement coordinate to respond to on-campus
and off-campus incidents requiring public safety services, including:
(A) legal requirements or restrictions affecting coordination;
(B) agreements, practices, or procedures governing coordination between an institution
and local law enforcement, including mutual support, sharing information, or dispatch
management;
(C) any issues that may affect the timeliness of a response to an on-campus or
off-campus incident reported by or involving a student;
(vii) infrastructure, staffing, and equipment considerations that impact the effectiveness
of campus law enforcement or local law enforcement responses to an on-campus or off-campus
incident reported by or involving a student;
(viii) the benefits and disadvantages of an institution employing campus law
enforcement compared to local law enforcement providing public safety services on an
institution campus;
(ix) an institution's compliance with federal and state crime statistic reporting
requirements;
(x) how an institution informs faculty, staff, and students about a crime or emergency
on campus;
(xi) national best practices for providing public safety services on institution campuses,
including differences in best practices based on the size, infrastructure, location, and other
relevant characteristics of a college or university; and
(xii) any other issue the board determines is relevant to the study;
(b) make recommendations for providing public safety services on institution campuses
statewide;
(c) produce a final report of the study described in this section, including the
recommendations described in Subsection (2)(b); and
(d) in accordance with Section 
68-3-14
, present the final report described in Subsection
(2)(c) to the Education Interim Committee and the Law Enforcement and Criminal Justice
Interim Committee at or before the committees' November 2021 meetings.
(3) In carrying out the board's duties under this section, the board may coordinate with
individuals and organizations with knowledge, expertise, or experience related to the board's
duties under this section, including:
[
(a) the Utah System of Technical Colleges Board of Trustees;
]
[
(b)
] 
(a)
 the Utah Department of Health;
[
(c)
] 
(b)
 the Utah Office for Victims of Crime;
[
(d)
] 
(c)
 the Utah Council on Victims of Crime;
[
(e)
] 
(d)
 institutions;
[
(f)
] 
(e)
 local law enforcement;
[
(g)
] 
(f)
 local districts or special service districts that provide 911 and emergency
dispatch service; and
[
(h)
] 
(g)
 community and other non-governmental organizations.
Section 25. Section 
53E-3-507
 is amended to read:
53E-3-507.
Powers of the state board.
The state board:
(1) shall establish minimum standards for career and technical education programs in
the public education system;
(2) may apply for, receive, administer, and distribute funds made available through
programs of federal and state governments to promote and aid career and technical education;
(3) shall cooperate with federal and state governments to administer programs that
promote and maintain career and technical education;
(4) shall cooperate with the Utah Board of Higher Education, technical colleges, [
Salt
Lake Community College's School of Applied Technology, Snow College, Utah State
University Eastern, and Utah State University Blanding
] 
and degree-granting institutions that
provide technical education described Section 
53B-2a-201
 to ensure that students in the public
education system have access to career and technical education at technical colleges[
, Salt Lake
Community College's School of Applied Technology, Snow College, Utah State University
Eastern, and Utah State University Blanding
] 
and degree-granting institutions that provide
technical education described in Section 
53B-2a-201
;
(5) shall require that before a minor student may participate in clinical experiences as
part of a health care occupation program at a high school or other institution to which the
student has been referred, the student's parent has:
(a) been first given written notice through appropriate disclosure when registering and
prior to participation that the program contains a clinical experience segment in which the
student will observe and perform specific health care procedures that may include personal
care, patient bathing, and bathroom assistance; and
(b) provided specific written consent for the student's participation in the program and
clinical experience; and
(6) shall, after consulting with school districts, charter schools, the Utah Board of
Higher Education, technical colleges, [
Salt Lake Community College's School of Applied
Technology, Snow College, Utah State University Eastern, and Utah State University
Blanding
] 
and degree-granting institutions that provide technical education described in
Section 
53B-2a-201
, prepare and submit an annual report in accordance with Section
53E-1-203
 detailing:
(a) how the career and technical education needs of secondary students are being met;
and
(b) the access secondary students have to programs offered:
(i) at technical colleges; and
(ii) within the regions served by [
Salt Lake Community College's School of Applied
Technology, Snow College, Utah State University Eastern, and Utah State University
Blanding
] 
degree-granting institutions that provide technical education described in Section
53B-2a-201
.
Section 26. Section 
63A-5b-102
 is amended to read:
63A-5b-102.
Definitions.
As used in this chapter:
(1) "Board" means the state building board created in Section 
63A-5b-201
.
(2) "Capitol hill facilities" means the same as that term is defined in Section
63C-9-102
.
(3) "Capitol hill grounds" means the same as that term is defined in Section 
63C-9-102
.
(4) "Compliance agency" means the same as that term is defined in Section 
15A-1-202
.
(5) "Director" means the division director, appointed under Section 
63A-5b-302
.
(6) "Division" means the Division of Facilities Construction and Management created
in Section 
63A-5b-301
.
(7) "Institution of higher education" means an institution listed in Subsection
53B-2-101
(1).
(8) "Trust lands administration" means the School and Institutional Trust Lands
Administration established in Section 
53C-1-201
.
(9) "Utah Board of Higher Education" means the Utah Board of Higher Education
established in Section 
53B-1-402
.
[
(10) "UTech board" means the UTech Board of Trustees created in Section
53B-2a-103
.
]
Section 27. Section 
63A-5b-202
 is amended to read:
63A-5b-202.
State Building Board powers and duties.
(1) The board may, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, make rules that are necessary to discharge the board's duties.
(2) The board shall:
(a) review and approve agency master plans of structures built or contemplated;
(b) submit capital development recommendations and priorities to the Legislature as
set forth in Section 
63A-5b-402
;
(c) submit recommendations for dedicated projects and prioritize nondedicated projects
as provided in Section 
63A-5b-403
;
(d) make a finding that the requirements of Section 
53B-2a-112
 are met before the
board may consider a funding request [
from the UTech board pertaining to new capital
facilities and land purchases
] 
described in Section 
53B-2a-117
; and
(e) fulfill the board's responsibilities under:
(i) Section 
63A-5b-802
, relating to the approval of leases with terms of more than 10
years;
(ii) Section 
63A-5b-907
, relating to vacant division-owned property; and
(iii) Section 
63A-5b-1003
, relating to the approval of loans from the state facility
energy efficiency fund.
(3) The board may:
(a) authorize capital development projects without Legislative approval only as
authorized in Section 
63A-5b-404
; and
(b) make rules relating to the categorical delegation of projects as provided in
Subsection 
63A-5b-604
(4).
Section 28. Section 
63A-5b-403
 is amended to read:
63A-5b-403.
Institutions of higher education -- Capital development projects --
Dedicated and nondedicated projects -- Recommendations and prioritization.
(1) As used in this section:
(a) "Dedicated project" has the same meaning as that term is defined in:
(i) Section 
53B-2a-101
, for a capital development project under [
Title 53B, Chapter 2a,
Technical Colleges
] 
Title 53B, Chapter 2a, Technical Education
; or
(ii) Section 
53B-22-201
, for a capital development project under Title 53B, Chapter 22,
Higher Education Capital Projects.
(b) "Nondedicated project" has the same meaning as that term is defined in:
(i) Section 
53B-2a-101
, for a capital development project under [
Title 53B, Chapter 2a,
Technical Colleges
] 
Title 53B, Chapter 2a, Technical Education
; or
(ii) Section 
53B-22-201
, for a capital development project under Title 53B, Chapter 22,
Higher Education Capital Projects.
(2) (a) The board shall submit recommendations to the Legislature in accordance with:
(i) Section 
53B-2a-117
, for a dedicated project under [
Title 53B, Chapter 2a, Technical
Colleges
] 
Title 53B, Chapter 2a, Technical Education
; or
(ii) Section 
53B-22-204
, for a dedicated project under Title 53B, Chapter 22, Higher
Education Capital Projects.
(b) A dedicated project is not subject to prioritization by the board.
(3) (a) The board shall prioritize nondedicated projects in accordance with:
(i) Section 
63A-5b-402
; and
(ii) (A) Section 
53B-2a-117
, for a nondedicated project under [
Title 53B, Chapter 2a,
Technical Colleges
] 
Title 53B, Chapter 2a, Technical Education
; or
(B) Section 
53B-22-204
, for a nondedicated project under Title 53B, Chapter 22,
Higher Education Capital Projects.
(b) In the board's scoring process for prioritizing nondedicated projects, the board shall
give more weight to a request that is designated as a higher priority by the [
UTech board or
]
Utah Board of Higher Education than a request that is designated as a lower priority by the
[
UTech board or
] Utah Board of Higher Education only for determining the order of
prioritization among requests submitted by the [
UTech board or
] Utah Board of Higher
Education[
, respectively
].
(4) The board shall require that an institution of higher education that submits a request
for a capital development project address whether and how, as a result of the project, the
institution of higher education will:
(a) offer courses or other resources that will help meet demand for jobs, training, and
employment in the current market and the projected market for the next five years;
(b) respond to individual skilled and technical job demand over the next three, five,
and 10 years;
(c) respond to industry demands for trained workers;
(d) help meet commitments made by the Governor's Office of Economic Development,
including relating to training and incentives;
(e) respond to changing needs in the economy; and
(f) respond to demands for online or in-class instruction, based on demographics.
(5) The division shall:
(a) (i) assist institutions of higher education in providing the information required by
Subsection (3); and
(ii) verify the completion and accuracy of the information submitted by an institution
of higher education under Subsection (3);
(b) assist the [
UTech board
] 
Utah Board of Higher Education
 to fulfill the requirements
of Section 
53B-2a-112
 in connection with the finding that the [
board
] 
technical college
 is
required to make under Subsection 
53B-2a-112
(5)(b); and
(c) assist the [
Board of Regents
] 
Utah Board of Higher Education
 in submitting a list of
dedicated projects to the board for approval and nondedicated projects to the board for
recommendation and prioritization pursuant to Section 
53B-22-204
.
Section 29. Section 
63I-2-253
 is amended to read:
63I-2-253.
 Repeal dates -- Titles 53 through 53G.
(1) (a) Section 
53-2a-217
, regarding procurement during an epidemic or pandemic
emergency, is repealed on December 31, 2021.
(b) When repealing Section 
53-2a-217
, the Office of Legislative Research and General
Counsel shall, in addition to the office's authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
[
(2) Section 
53B-2a-103
 is repealed July 1, 2021.
]
[
(3) Section 
53B-2a-104
 is repealed July 1, 2021.
]
[
(4)
] 
(2)
 (a) Subsection 
53B-2a-108
(5), regarding exceptions to the composition of a
technical college board of trustees, 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.
[
(5)
] 
(3)
 Section 
53B-6-105.7
 is repealed July 1, 2024.
[
(6)
] 
(4)
 (a) Subsection 
53B-7-705
(6)(b)(ii)(A), the language that states "Except as
provided in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
(b) Subsection 
53B-7-705
(6)(b)(ii)(B), regarding comparing a technical college's
change in performance with the technical college's average performance, is repealed July 1,
2021.
[
(7)
] 
(5)
 (a) Subsection 
53B-7-707
(3)(a)(ii), the language that states "Except as
provided in Subsection (3)(b)," is repealed July 1, 2021.
(b) Subsection 
53B-7-707
(3)(b), regarding performance data of a technical college
during a fiscal year before fiscal year 2020, is repealed July 1, 2021.
[
(8)
] 
(6)
 Section 
53B-8-114
 is repealed July 1, 2024.
[
(9)
] 
(7)
 (a) The following sections, regarding the Regents' scholarship program, 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), regarding the Regents' scholarship program for
students who graduate from high school before fiscal year 2019, 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.
[
(10)
] 
(8)
 Section 
53B-10-101
 is repealed on July 1, 2027.
[
(11)
] 
(9)
 Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
repealed July 1, 2023.
[
(12) Section 
53E-3-519
 regarding school counselor services is repealed July 1, 2020.
]
[
(13)
] 
(10)
 Section 
53E-3-520
 is repealed July 1, 2021.
[
(14) Subsection 
53E-5-306
(3)(b)(ii)(B), related to improving school performance and
continued funding relating to the School Recognition and Reward Program, is repealed July 1,
2020.
]
[
(15) Section 
53E-5-307
 is repealed July 1, 2020.
]
[
(16)
] 
(11)
 Subsection 
53E-10-309
(7), related to the PRIME pilot program, is repealed
July 1, 2024.
[
(17)
] 
(12)
 In Subsections 
53F-2-205
(4) and (5), regarding the State Board of
Education's duties if contributions from the minimum basic tax rate are overestimated or
underestimated, the language that states "or 
53F-2-301.5
, as applicable" is repealed July 1,
2023.
[
(18)
] 
(13)
 Subsection 
53F-2-301
(1), relating to the years the section is not in effect, is
repealed July 1, 2023.
[
(19)
] 
(14)
 In Subsection 
53F-2-515
(1), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(20)
] 
(15)
 Section 
53F-4-207
 is repealed July 1, 2022.
[
(21)
] 
(16)
 In Subsection 
53F-9-302
(3), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(22)
] 
(17)
 In Subsection 
53F-9-305
(3)(a), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(23)
] 
(18)
 In Subsection 
53F-9-306
(3)(a), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(24)
] 
(19)
 In Subsection 
53G-3-304
(1)(c)(i), the language that states "or 
53F-2-301.5
,
as applicable" is repealed July 1, 2023.
[
(25)
] 
(20)
 Subsections 
53G-10-204
(1)(c) through (e), and Subsection 
53G-10-204
(7),
related to the civics engagement pilot program, are repealed on July 1, 2023.
[
(26)
] 
(21)
 On July 1, 2023, when making changes in this section, the Office of
Legislative Research and General Counsel shall, in addition to the office's authority under
Subsection 
36-12-12
(3), make corrections necessary to ensure that sections and subsections
identified in this section are complete sentences and accurately reflect the office's perception of
the Legislature's intent.
Section 30. Section 
63N-12-501
 is amended to read:
63N-12-501.
Definitions.
As used in this part:
(1) "Apprenticeship program" means a program that combines paid on-the-job learning
with formal classroom instruction to prepare students for careers and that includes:
(a) structured on-the-job learning for students under the supervision of a skilled
employee;
(b) classroom instruction for students related to the on-the-job learning;
(c) ongoing student assessments using established competency and skills standards;
and
(d) the student receiving an industry-recognized credential or degree upon completion
of the program.
(2) "Career and technical education region" means an economic service area created in
Section 
35A-2-101
.
(3) "Center" means the Talent Ready Utah Center created in Section 
63N-12-502
.
(4) "High quality professional learning" means the professional learning standards for
teachers and principals described in Section 
53G-11-303
.
(5) "Institution of higher education" means the University of Utah, Utah State
University, Southern Utah University, Weber State University, Snow College, Dixie State
University, Utah Valley University, or Salt Lake Community College.
(6) "Local education agency" means a school district, a charter school, or the Utah
Schools for the Deaf and the Blind.
(7) "Master plan" means the computer science education master plan described in
Section 
63N-12-505
.
(8) "Participating employer" means an employer that:
(a) partners with an educational institution on a curriculum for an apprenticeship
program or work-based learning program; and
(b) provides an apprenticeship or work-based learning program for students.
(9) "Stackable credentials" means a sequence of credentials that:
(a) can be accumulated over time to build up an individual's qualifications for a better
job or higher wage;
(b) are part of a career pathway system; and
(c) provide the option of culminating in an associate or bachelor's degree.
(10) "State board" means the State Board of Education.
(11) "Talent ready board" means the Talent Ready Utah Board created in Section
63N-12-503
.
(12) "Technical college" means:
(a) a technical college described in Section 
53B-2a-105
; 
and
(b) a degree-granting institution that provides technical education described in Section
53B-2a-201
.
[
(b) the School of Applied Technology at Salt Lake Community College established in
Section 
53B-16-209
;
]
[
(c) Utah State University Eastern established in Section 
53B-18-1201
;
]
[
(d) Utah State University Blanding established in Section 
53B-18-1202
; or
]
[
(e) the Snow College Richfield campus established in Section 
53B-16-205
.
]
(13) (a) "Work-based learning program" means a program that combines structured and
supervised learning activities with authentic work experiences and that is implemented through
industry and education partnerships.
(b) "Work-based learning program" includes the following objectives:
(i) providing students an applied workplace experience using knowledge and skills
attained in a program of study that includes an internship, externship, or work experience;
(ii) providing an educational institution with objective input from a participating
employer regarding the education requirements of the current workforce; and
(iii) providing funding for programs that are associated with high-wage, in-demand, or
emerging occupations.
(14) "Workforce programs" means education or industry programs that facilitate
training the state's workforce to meet industry demand.
Section 31. 
Repealer.
This bill repeals:
Section 
53B-1-115
,
Purchases of educational technology.
Section 
53B-1-503
,
Commissioner beginning July 1, 2020.
Section 
53B-2-105
,
Consultation with boards of trustees.
Section 
53B-2a-103
,
UTech Board of Trustees -- Membership -- Terms --
Vacancies -- Oath -- Officers -- Quorum -- Committees -- Compensation.
Section 
53B-2a-104
,
Utah System of Technical Colleges Board of Trustees powers
and duties.
Section 
53B-2a-114
,
Educational program on the use of information technology.
Section 
53B-16-201
,
Degrees and certificates that may be conferred.
Section 
53B-16-209
,
Salt Lake Community College -- School of Applied
Technology -- Career and technical education -- Supervision and administration --
Institutional mission.
Section 
53B-16-211
,
Salt Lake Community College -- Educational program on the
use of information technology.
Section 32. 
Effective date.
(1) Except as provided in Subsection (2), this bill takes effect May 5, 2021.
(2) If approved by two-thirds of all the members elected to each house, Section
53B-2-102
 takes effect upon approval by the governor, or the day following the constitutional
time limit of Utah Constitution, Article VII, Section 8, without the governor's signature, or in
the case of a veto, the date of veto override.
Section 33. 
 Coordinating H.B. 318 with S.B. 136 -- Technical amendment.
If this H.B. 318 and S.B. 136, Higher Education Scholarship Amendments, both pass
and become law, it is the intent of the Legislature that the Office of Legislative Research and
General Counsel shall prepare the Utah Code database for publication by amending Subsection
53B-8-115
(1)(a) to read:
"
(a) "Eligible institution" means:
[
(i) Salt Lake Community College's School of Applied Technology established in
Section 
53B-16-209
;
]
[
(ii) Snow College;
]
[
(iii) Utah State University Eastern established in Section 
53B-18-1201
;
]
[
(iv) Utah State University Blanding established in Section 
53B-18-1202
; or
]
[
(v) the Utah State University regional campus located at or near Moab described in
Section 
53B-18-301
.
]
(i) a degree-granting institution that provides technical education described in Section
53B-2a-201
; or
(ii) a technical college."
Section 34. 
Coordinating H.B. 318 with S.B. 193 -- Substantive amendments.
If this H.B. 318 and S.B. 193, Higher Education Performance Funding, both pass and
become law, it is the intent of the Legislature that the Office of Legislative Research and
General Counsel shall prepare the Utah Code database for publication by amending Subsection
53B-7-702
(12) to read:
"(12) "Technical college" means:
(a) the same as that term is defined in Section 
53B-1-101.5
; and
(b) a degree-granting institution acting in the degree-granting institution's technical
education role described in Section 
53B-2a-201."
.
Section 35. 
Coordinating H.B. 318 with H.B. 348 -- Substantive amendments.
If this H.B. 318 and H.B. 348, Economic Development Amendments, both pass and
become law, it is the intent of the Legislature that the Office of Legislative Research and
General Counsel shall prepare the Utah Code database for publication by:
(1) amending Subsection 
53B-26-102
(10) to read:
"
(10) "Technical college" means:
(a) [
a college described in Section 
53B-2a-105
;
] 
the same as that term is defined in
Section 
53B-1-101.5
; and
(b) a degree-granting institution acting in the degree-granting institution's technical
education role described in Section 
53B-2a-201
;
[
(b) the School of Applied Technology at Salt Lake Community College established
under Section 53B-16-209;
]
[
(c) Utah State University Eastern established under Section 
53B-18-1201
;
]
[
(d) Utah State University Blanding established under Section 
53B-18-1202
; or
]
[
(e) the Snow College Richfield campus established under Section 
53B-16-205
.
]
"; and
(2) amending Subsection 
63N-1b-101
(11) to read:
"(11) "Technical college" means:
(a) the same as that term is defined in Section 
53B-1-101.5
; and
(b) a degree-granting institution acting in the degree-granting institution's technical
education role described in Section 
53B-2a-201."
.