Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 2001 (2021S2)

Sponsor

Rep. Miles, K.

Final action

Governor Signed 11/12/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• codifies the name of Utah Tech University;
• requires the Utah Tech University board of trustees to report to the Education Interim Committee regarding the institution's Heritage Committee; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

This document includes House Floor Amendments incorporated into the bill on Wed, Nov 10, 2021 at 3:51 PM by pflowers.
UTAH TECH UNIVERSITY
SECOND SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Kelly B. Miles
Senate Sponsor: 
 Michael K. McKell
LONG TITLE
General Description:
This bill codifies the name of Utah Tech University.
Highlighted Provisions:
This bill:
▸ codifies the name of Utah Tech University;
▸ requires the Utah Tech University board of trustees to report to the Education
Interim Committee regarding the institution's Heritage Committee; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53B-1-102
, as last amended by Laws of Utah 2020, Chapter 365
53B-2-101
, as last amended by Laws of Utah 2017, Chapter 382
53B-2-111
, as last amended by Laws of Utah 2021, Chapter 169
53B-2a-112
, as last amended by Laws of Utah 2020, Chapter 365
53B-8-103
, as last amended by Laws of Utah 2020, Chapter 365
53B-16-101
, as last amended by Laws of Utah 2021, Chapter 187
53B-26-301
, as enacted by Laws of Utah 2020, Chapter 361
53B-31-101
, as enacted by Laws of Utah 2021, Chapter 379
53B-31-201
, as renumbered and amended by Laws of Utah 2021, Chapter 379
53B-31-301
, as enacted by Laws of Utah 2021, Chapter 379
53B-31-401
, as enacted by Laws of Utah 2021, Chapter 169 and last amended by
Coordination Clause, Laws of Utah 2021, Chapter 169
53G-5-102
, as last amended by Laws of Utah 2020, Chapter 365
63I-5-201
, as last amended by Laws of Utah 2021, Chapter 184
63N-1b-101
, as enacted by Laws of Utah 2021, Chapter 282 and last amended by
Coordination Clause, Laws of Utah 2021, Chapter 187
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53B-1-102
 is amended to read:
53B-1-102.
Utah system of higher education.
(1) The Utah system of higher education consists of the following institutions:
(a) degree-granting institutions, which are:
(i) the University of Utah;
(ii) Utah State University;
(iii) Weber State University;
(iv) Southern Utah University;
(v) Snow College;
(vi) [
Dixie State
] 
Utah Tech
 University;
(vii) Utah Valley University; and
(viii) Salt Lake Community College;
(b) technical colleges, which are:
(i) Bridgerland Technical College;
(ii) Davis Technical College;
(iii) Dixie Technical College;
(iv) Mountainland Technical College;
(v) Ogden-Weber Technical College;
(vi) Southwest Technical College;
(vii) Tooele Technical College; and
(viii) Uintah Basin Technical College;
(c) the Utah Board of Higher Education; and
(d) other public post-high school educational institutions as the Legislature may
designate.
(2) A change in the name of an institution within the Utah system of higher education
is not a change in the role or mission of the institution, unless otherwise authorized by the
board.
(3) It is not the intent of the Legislature to increase the number of research universities
in the state beyond the University of Utah and Utah State University.
(4) An institution or board described in Subsection (1) is empowered to sue and be sued
and to contract and be contracted with.
Section 2. Section 
53B-2-101
 is amended to read:
53B-2-101.
Institutions of higher education -- Corporate bodies -- Powers.
(1) The following institutions of higher education are bodies politic and corporate with
perpetual succession and with all rights, immunities, and franchises necessary to function as
such:
(a) the University of Utah;
(b) Utah State University;
(c) Weber State University;
(d) Southern Utah University;
(e) Snow College;
(f) [
Dixie State
] 
Utah Tech
 University;
(g) Utah Valley University;
(h) Salt Lake Community College;
(i) Bridgerland Technical College;
(j) Davis Technical College;
(k) Dixie Technical College;
(l) Mountainland Technical College;
(m) Ogden-Weber Technical College;
(n) Southwest Technical College;
(o) Tooele Technical College; and
(p) Uintah Basin Technical College.
(2) (a) An institution of higher education may have and use a corporate seal and may,
subject to
 this
 title, take, hold, lease, sell, and convey real and personal property as the interest
of the institution requires.
(b) An institution of higher education is vested with all the property, franchises, and
endowments of, and is subject to, all the contracts, obligations, and liabilities of the institution's
respective predecessor.
(c) (i) An institution of higher education may enter into business relationships or
dealings with private seed or venture capital entities or partnerships consistent with Utah
Constitution Article VI, Section 29, Subsection (2).
(ii) A business dealing or relationship entered into under Subsection (2)(c)(i) does not
preclude the private entity or partnership from participating in or receiving benefits from a
venture capital program authorized or sanctioned by the laws of this state, unless otherwise
precluded by the specific law that authorizes or sanctions the program.
Section 3. Section 
53B-2-111
 is amended to read:
53B-2-111.
Utah Tech University -- Institutional name change.
(1) As used in this [
Section
] 
section
:
(a) "Board of trustees" means the board of trustees of [
Dixie State
] 
Utah Tech
University.
(b) "Institution" means [
Dixie State
] 
Utah Tech
 University.
(2) (a) Dixie State [
College of Utah
] 
University
 shall be known as [
Dixie State
] 
Utah
Tech
 University.
(b) [
Dixie State
] 
Utah Tech
 University is a continuation of Dixie State College of Utah
and Dixie State University
 and shall:
(i) possess all rights, titles, privileges, powers, immunities, franchises, endowments,
property, and claims of 
Dixie State University and
 Dixie State College of Utah; and
(ii) fulfill and perform all obligations of 
Dixie State University and
 Dixie State College
of Utah, including obligations relating to outstanding bonds and notes.
(3) The board of trustees in consultation with the Utah Board of Higher Education
shall:
(a) create a committee to recommend a name for the institution; and
(b) ensure that the committee:
(i) represents students, university personnel, community members, and industry leaders
in the committee's membership;
(ii) provides opportunity for input from and collaboration with the public, including:
(A) residents of southwestern Utah;
(B) institutional partners; and
(C) university faculty, staff, students, and alumni;
(iii) reviews options for the institution's name; and
(iv) makes recommendations regarding the institution's name to the board of trustees.
(4) (a) The board of trustees shall:
(i) review the committee's recommendation described in Subsection (3)(b); and
(ii) choose whether to forward a name for the institution to the Utah Board of Higher
Education.
(b) Should the board of trustees choose to forward a name for the institution to the
Utah Board of Higher Education under Subsection (4)(a), the board of trustees shall ensure that
the name:
(i) reflects the institution's mission and significance to the surrounding region and
state; and
(ii) enables the institution to compete and be recognized nationally.
(c) Should the board of trustees recommend a name for the institution under
Subsection (4)(a), the Utah Board of Higher Education shall vote on whether to approve and
recommend the name to the Legislature.
(5) Should the Utah Board of Higher Education and the board of trustees recommend a
name for the institution to the Legislature through the process described in Subsections (3) and
(4), the Utah Board of Higher Education and the board of trustees shall recommend the name
for the institution to the Legislative Management Committee no later than November 1, 2021.
147a 
Ĥ→ 
(6) (a) Except as provided in Subsection (6)(b), the board of trustees shall designate
147b 
the institution's main campus as the "Dixie Campus" for a period of no less than 20 years.
147c 
 (b) After July 1, 2042, if the board of trustees seeks to alter the designation described in
147d 
Subsection (6)(a), the board of trustees shall first obtain the approval of the Utah Board of
147e 
Higher Education.
 ←Ĥ
Section 4. Section 
53B-2a-112
 is amended to read:
53B-2a-112.
Technical colleges -- Relationships with other public and higher
education institutions -- Agreements -- Priorities -- New capital facilities.
(1) As used in this section, "higher education institution" means:
(a) Utah State University for:
(i) Bridgerland Technical College;
(ii) Tooele Technical College; and
(iii) Uintah Basin Technical College;
(b) Weber State University for:
(i) Ogden-Weber Technical College; and
(ii) Davis Technical College;
(c) Utah Valley University for Mountainland Technical College;
(d) Southern Utah University for Southwest Technical College; and
(e) [
Dixie State
] 
Utah Tech
 University for Dixie Technical College.
(2) A technical college may enter into agreements:
(a) with other higher education institutions to cultivate cooperative relationships; or
(b) with other public and higher education institutions to enhance career and technical
education within the technical college's region.
(3) Before a technical college develops new instructional facilities, the technical
college shall give priority to:
(a) maintaining the technical college's existing instructional facilities for both
secondary and adult students;
(b) coordinating with the president of the technical college's higher education
institution and entering into any necessary agreements to provide career and technical
education to secondary and adult students that:
(i) maintain and support existing higher education career and technical education
programs; and
(ii) maximize the use of existing higher education facilities; and
(c) developing cooperative agreements with school districts, charter schools, other
higher education institutions, businesses, industries, and community and private agencies to
maximize the availability of career and technical education instructional facilities for both
secondary and adult students.
(4) (a) Before submitting a funding request pertaining to new capital facilities and land
purchases to the board, a technical college shall:
(i) ensure that all available instructional facilities are maximized in accordance with
Subsections (3)(a) through (c); and
(ii) coordinate the request with the president of the technical college's higher education
institution, if applicable.
(b) The State Building Board shall make a finding that the requirements of this section
are met before the State Building Board may consider a funding request from the board
pertaining to new capital facilities and land purchases for a technical college.
(c) A technical college may not construct, approve the construction of, plan for the
design or construction of, or consent to the construction of a career and technical education
facility without approval of the Legislature.
(5) Before acquiring new fiscal and administrative support structures, a technical
college shall:
(a) review the use of existing public or higher education administrative and accounting
systems, financial record systems, and student and financial aid systems for the delivery of
career and technical education in the region;
(b) determine the feasibility of using existing systems; and
(c) with the approval of the technical college board of trustees and the board, use the
existing systems.
Section 5. Section 
53B-8-103
 is amended to read:
53B-8-103.
Waiver of nonresident differential in tuition rates -- Utah Tech
University good neighbor tuition waivers.
(1) Notwithstanding any other provision of law:
(a) (i) The board may determine when to grant a full or partial waiver of the
nonresident differential in tuition rates charged to undergraduate students pursuant to reciprocal
agreements with other states.
(ii) In making the determination described under Subsection (1)(a)(i), the board shall
consider the potential of the waiver to:
(A) enhance educational opportunities for Utah residents;
(B) promote mutually beneficial cooperation and development of Utah communities
and nearby communities in neighboring states;
(C) contribute to the quality of educational programs; and
(D) assist in maintaining the cost effectiveness of auxiliary operations in Utah
institutions of higher education.
(b) (i) Consistent with its determinations made pursuant to Subsection (1)(a), the board
may enter into agreements with other states to provide for a full or partial reciprocal waiver of
the nonresident tuition differential charged to undergraduate students.
(ii) An agreement shall provide for the numbers and identifying criteria of
undergraduate students, and shall specify the institutions of higher education that will be
affected by the agreement.
(c) The board shall establish policy guidelines for the administration by the affected
Utah institutions of any tuition waivers authorized under this section, for evaluating applicants
for such waivers, and for reporting the results of the reciprocal waiver programs authorized by
this section.
(d) A report and financial analysis of any waivers of tuition authorized under this
section shall be submitted annually to the general session of the Legislature as part of the
budget recommendations of the board for the system of higher education.
(2) (a) [
Dixie State
] 
Utah Tech
 University may offer a good neighbor full waiver of the
nonresident differential in tuition rates charged to undergraduate students:
(i) pursuant to reciprocal agreements with other states; or
(ii) to a resident of a county that has a portion of the county located within 70 miles of
the main campus of [
Dixie State
] 
Utah Tech
 University.
(b) (i) A student who attends [
Dixie State
] 
Utah Tech
 University under a good
neighbor tuition waiver shall pay a surcharge per credit hour in addition to the regular resident
tuition and fees of [
Dixie State
] 
Utah Tech
 University.
(ii) The surcharge per credit hour shall be based on a percentage of the approved
resident tuition per credit hour each academic year.
(iii) The percentage assessed as a surcharge per credit hour shall be set by the board.
(c) [
Dixie State
] 
Utah Tech
 University may restrict the number of good neighbor
tuition waivers awarded.
(d) A student who attends [
Dixie State
] 
Utah Tech
 University on a good neighbor
tuition waiver may not count the time during which the waiver is received towards establishing
resident student status in Utah.
Section 6. 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
] 
Utah Tech
 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) 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.
Section 7. Section 
53B-26-301
 is amended to read:
53B-26-301.
Definitions.
As used in this part:
(1) "Advisory council" means the Deep Technology Talent Advisory Council created
in Section 
53B-26-303
.
(2) (a) "Deep technology" means technology that leads to new products and
innovations based on scientific discovery or meaningful engineering innovation.
(b) "Deep technology" may include technology that leads to new products and
innovations related to one or more of the following:
(i) advanced materials;
(ii) artificial intelligence;
(iii) augmented and virtual reality;
(iv) biotechnology;
(v) photonics;
(vi) quantum computing;
(vii) robotics;
(viii) secure computing; and
(ix) other emerging technologies as determined by the advisory council.
(3) "Institution of higher education" means the University of Utah, Utah State
University, Southern Utah University, Weber State University, Snow College, [
Dixie State
]
Utah Tech
 University, Utah Valley University, or Salt Lake Community College.
Section 8. Section 
53B-31-101
 is amended to read:
CHAPTER 31. UTAH TECH UNIVERSITY
Part 1. General Provisions
53B-31-101.
Title.
This chapter is known as "[
Dixie State
] 
Utah Tech
 University."
Section 9. Section 
53B-31-201
 is amended to read:
53B-31-201.
Nonprofit corporations or foundations -- Purpose.
(1) [
Dixie State
] 
Utah Tech
 University may form a nonprofit corporation or foundation
controlled by the president of the university and the board to aid and assist the university in
attaining its charitable, communications, and other related educational objectives, including
support for media innovation, film festivals, film production, print media, broadcasting,
television, and digital media.
(2) The nonprofit corporation or foundation may receive and administer legislative
appropriations, government grants, contracts, and private gifts to carry out its public purposes.
Section 10. Section 
53B-31-301
 is amended to read:
53B-31-301.
Utah Tech University Higher Education for Incarcerated Youth
Program.
(1) As used in this section:
(a) "Interactive video conferencing" means two-way, real-time transmission of audio
and video signals between devices or computers at two or more locations.
(b) "Program" means the [
Dixie State
] 
Utah Tech
 University Higher Education for
Incarcerated Youth Program.
(c) "Student" means an individual who is:
(i) in the custody of the Division of Juvenile Justice Services within the timeframe of
the course being offered; and
(ii) subject to the jurisdiction of the Youth Parole Authority.
(2) Consistent with policies established by the board, [
Dixie State
] 
Utah Tech
University shall, subject to legislative appropriation, establish and administer the [
Dixie State
]
Utah Tech
 University Higher Education for Incarcerated Youth Program to provide:
(a) students needing high school credits opportunities for concurrent enrollment
courses;
(b) a consistent, two-year, flexible schedule of higher education courses delivered
through interactive video conferencing to students;
(c) a pathway for students to earn college credits that:
(i) apply toward earning a certificate, associate degree, bachelor's degree; or
(ii) satisfy scholarship requirements or other objectives that best meet the needs of an
individual student; and
(d) advisory support to students and academic counselors who participate in the
program to ensure that the students' higher education courses align with the academic and
career goals defined in the students' plans for college and career readiness.
Section 11. Section 
53B-31-401
 is amended to read:
53B-31-401.
Heritage Committee.
[
Should the Dixie State University board of trustees and the Utah Board of Higher
Education forward a name to the Legislature that does not include the term "Dixie" under
Section 
53B-2-111
, the
]
(1) The
 board of trustees shall establish a Heritage Committee to identify and
implement strategies to preserve the heritage, culture, and history of the region on the campus
of [
the institution
] 
Utah Tech University
, including the regional significance of the term
"Dixie."
(2) At or before the November interim meeting in 2022, the board of trustees shall
report to the Education Interim Committee regarding the establishment of the Heritage
Committee described in Subsection (1).
Section 12. Section 
53G-5-102
 is amended to read:
53G-5-102.
Definitions.
As used in this chapter:
(1) "Asset" means property of all kinds, real and personal, tangible and intangible, and
includes:
(a) cash;
(b) stock or other investments;
(c) real property;
(d) equipment and supplies;
(e) an ownership interest;
(f) a license;
(g) a cause of action; and
(h) any similar property.
(2) "Board of trustees of a higher education institution" or "board of trustees" means:
(a) the board of trustees of:
(i) the University of Utah;
(ii) Utah State University;
(iii) Weber State University;
(iv) Southern Utah University;
(v) Snow College;
(vi) [
Dixie State
] 
Utah Tech
 University;
(vii) Utah Valley University; or
(viii) Salt Lake Community College; or
(b) a technical college board of trustees described in Section 
53B-2a-108
.
(3) "Charter school authorizer" or "authorizer" means an entity listed in Section
53G-5-205
 that authorizes a charter school.
Section 13. Section 
63I-5-201
 is amended to read:
63I-5-201.
Internal auditing programs -- State agencies.
(1) (a) The departments of Administrative Services, Agriculture, Commerce, Cultural
and Community Engagement, Corrections, Workforce Services, Environmental Quality,
Health, Human Services, Natural Resources, Public Safety, and Transportation, and the State
Tax Commission shall conduct various types of auditing procedures as determined by the
agency head or governor.
(b) The governor may, by executive order, require a state agency not described in
Subsection (1)(a) to establish an internal audit program.
(c) The governor shall ensure that each state agency that reports to the governor has
adequate internal audit coverage.
(2) (a) The Administrative Office of the Courts shall establish an internal audit
program under the direction of the Judicial Council, including auditing procedures for courts
not of record.
(b) The Judicial Council may, by rule, require other judicial agencies to establish an
internal audit program.
(3) (a) [
Dixie State
] 
Utah Tech
 University, the University of Utah, Utah State
University, Salt Lake Community College, Southern Utah University, Utah Valley University,
Weber State University, and Snow College shall establish an internal audit program under the
direction of the Utah Board of Higher Education.
(b) The Utah Board of Higher Education may issue policies requiring other higher
education entities or programs to establish an internal audit program.
(4) The State Board of Education shall establish an internal audit program that provides
internal audit services for each program administered by the State Board of Education.
(5) Subject to Section 
32B-2-302.5
, the internal audit division of the Department of
Alcoholic Beverage Control shall establish an internal audit program under the direction of the
Alcoholic Beverage Control Commission.
Section 14. Section 
63N-1b-101
 is amended to read:
63N-1b-101.
Definitions.
As used in this chapter:
(1) "Apprenticeship program" means a program that:
(a) combines paid on-the-job learning with formal classroom instruction to prepare
students for careers; and
(b) includes:
(i) structured on-the-job learning for students under the supervision of a skilled
employee;
(ii) classroom instruction for students related to the on-the-job learning;
(iii) ongoing student assessments using established competency and skills standards;
and
(iv) 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) "High quality professional learning" means the professional learning standards for
teachers and principals described in Section 
53G-11-303
.
(4) "Institution of higher education" means the University of Utah, Utah State
University, Southern Utah University, Weber State University, Snow College, [
Dixie State
]
Utah Tech
 University, Utah Valley University, or Salt Lake Community College.
(5) "Local education agency" means a school district, a charter school, or the Utah
Schools for the Deaf and the Blind.
(6) "Master plan" means the computer science education master plan described in
Section 
63N-1b-304
.
(7) "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.
(8) "State board" means the State Board of Education.
(9) "Talent program" means the Talent Ready Utah Program created in Section
63N-1b-302
.
(10) "Talent subcommittee" means the Talent, Education, and Industry Alignment
Subcommittee created in Section 
63N-1b-301
.
(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
.
(12) (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.
(13) "Workforce programs" means education or industry programs that facilitate
training the state's workforce to meet industry demand.
Section 15. 
Effective date.
Ĥ→ [
If approved by two-thirds of all the members elected to each house, this bill 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.
] 
This bill takes effect July 1, 2022.
 ←Ĥ