Enrolled Copy S.B. 111
1 HIGHER EDUCATION AMENDMENTS
2 2020 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ann Millner
5 House Sponsor: Brad R. Wilson
6
7 LONG TITLE
8 General Description:
9 This bill amends and enacts provisions related to higher education governance.
10 Highlighted Provisions:
11 This bill:
12 < defines terms;
13 < renames the State Board of Regents to the Utah Board of Higher Education;
14 < enacts provisions related to the Utah Board of Higher Education, including:
15 C powers and duties;
16 C membership;
17 C compensation for members; and
18 C committees;
19 < creates a nominating committee to nominate individuals to the governor to appoint
20 to the Utah Board of Higher Education;
21 < repeals the Utah System of Technical Colleges Board of Trustees;
22 < transitions duties of the Utah System of Technical Colleges Board of Trustees to the
23 Utah Board of Higher Education;
24 < provides that the Utah Board of Higher Education is the successor to the Utah
25 System of Technical Colleges Board of Trustees;
26 < provides for the transition in the membership of the Utah Board of Higher
27 Education from the membership of the State Board of Regents and the Utah System
28 of Technical Colleges Board of Trustees;
S.B. 111
Enrolled Copy
29 < creates the positions of associate commissioner for academic education and
30 associate commissioner for technical education;
31 < repeals provisions related to the commissioner of technical education;
32 < amends provisions related to the selection of institution of higher education
33 presidents;
34 < amends requirements related to an institution of higher education's authority to
35 approve a new program of instruction;
36 < changes the name of a governing board for a technical college from a technical
37 college board of directors to a technical college board of trustees;
38 < amends provisions related to the Higher Education Strategic Planning Commission,
39 including extending the commission by one year;
40 < amends other provisions related to higher education; and
41 < makes technical and conforming changes.
42 Money Appropriated in this Bill:
43 This bill appropriates in fiscal year 2021:
44 < to the Legislature - Office of Legislative Research and General Counsel as a
45 one-time appropriation:
46 C from the General Fund $1,200;
47 < to the Legislature - Senate as a one-time appropriation:
48 C from the General Fund $4,000;
49 < to the Legislature - House of Representatives as a one-time appropriation:
50 C from the General Fund $4,000;
51 < to the State Board of Regents - Administration, as an ongoing appropriation:
52 C from the Education Fund, $4,742,600;
53 C from Revenue Transfers, $106,200;
54 C from Beginning Nonlapsing Balances, $380,800;
55 C from Closing Nonlapsing Balances, ($380,800);
-2-
Enrolled Copy S.B. 111
56 < to the State Board of Regents - Student Assistance, as an ongoing appropriation:
57 C from the Education Fund, $38,400;
58 < to the State Board of Regents - Student Support, as an ongoing appropriation:
59 C from the Education Fund, $18,605,800;
60 C from Beginning Nonlapsing Balances, $459,900;
61 C from Closing Nonlapsing Balances, ($459,900);
62 < to the State Board of Regents - Student Support, as a one-time appropriation:
63 C from the Education Fund, One-time, $862,100;
64 C from Education Fund Restricted - Performance Funding Restricted Account,
65 One-time, $381,100;
66 < to the State Board of Regents - Technology, as an ongoing appropriation:
67 C from the Education Fund, ($7,983,500);
68 C from Beginning Nonlapsing Balances, ($700);
69 C from Closing Nonlapsing Balances, $700;
70 < to the State Board of Regents - Technology, as a one-time appropriation:
71 C from the Education Fund, One-time, ($862,100);
72 C from Education Fund Restricted - Performance Funding Restricted Account,
73 One-time, ($143,700);
74 < to the State Board of Regents - Economic Development, as an ongoing
75 appropriation:
76 C from the Education Fund, ($5,386,400);
77 C from Beginning Nonlapsing Balances, ($127,400);
78 C from Closing Nonlapsing Balances, $127,400;
79 < to the State Board of Regents - Education Excellence, as an ongoing appropriation:
80 C from the Education Fund, ($935,900);
81 C from Education Fund Restricted - Performance Funding Restricted Account,
82 ($143,700);
-3-
S.B. 111
Enrolled Copy
83 C from Revenue Transfers, ($106,200);
84 C from Beginning Nonlapsing Balances, ($214,000);
85 C from Closing Nonlapsing Balances, $214,000;
86 < to the State Board of Regents - Education Excellence, as a one-time appropriation:
87 C from Education Fund Restricted - Performance Funding Restricted Account,
88 One-time, $143,700;
89 < to the State Board of Regents - Math Competency Initiative, as an ongoing
90 appropriation:
91 C from the Education Fund, ($1,926,200);
92 C from Beginning Nonlapsing Balances, ($485,400);
93 C from Closing Nonlapsing Balances, $485,400; and
94 < to the Utah System of Technical Colleges - Utah System of Technical Colleges
95 Administration:
96 C from the Education Fund, ($7,154,800);
97 C from Education Fund Restricted - Performance Funding Restricted Account,
98 ($237,400);
99 C from Beginning Nonlapsing Balances, ($13,200);
100 C from Closing Nonlapsing Balances, $13,200.
101 Other Special Clauses:
102 This bill provides a special effective date.
103 This bill provides coordination clauses.
104 This bill provides revisor instructions.
105 Utah Code Sections Affected:
106 AMENDS:
107 7-22-101, as last amended by Laws of Utah 2015, Chapter 284
108 9-9-104.6, as last amended by Laws of Utah 2019, Chapter 246
109 9-22-103, as renumbered and amended by Laws of Utah 2019, Chapter 487
-4-
Enrolled Copy S.B. 111
110 9-22-104, as renumbered and amended by Laws of Utah 2019, Chapter 487
111 9-22-106, as renumbered and amended by Laws of Utah 2019, Chapter 487
112 11-17-17, as last amended by Laws of Utah 1993, Chapters 4 and 67
113 11-27-2, as last amended by Laws of Utah 2016, Chapter 350
114 11-59-302, as enacted by Laws of Utah 2018, Chapter 388
115 13-34a-104, as last amended by Laws of Utah 2017, Chapter 98
116 19-3-320, as last amended by Laws of Utah 2016, Chapter 144
117 20A-11-1202, as last amended by Laws of Utah 2019, Chapter 203
118 35A-1-206, as last amended by Laws of Utah 2018, Chapter 39
119 35A-5-103, as last amended by Laws of Utah 2016, Chapter 144
120 35A-6-105, as enacted by Laws of Utah 2019, Chapter 224
121 35A-8-2103, as renumbered and amended by Laws of Utah 2018, Chapter 182
122 35A-13-603, as last amended by Laws of Utah 2019, Chapter 89
123 35A-14-102, as last amended by Laws of Utah 2018, Chapter 341 and last amended by
124 Coordination Clause, Laws of Utah 2018, Chapter 315
125 35A-14-203, as enacted by Laws of Utah 2017, Chapter 375
126 35A-14-302, as enacted by Laws of Utah 2017, Chapter 375
127 36-21-1, as last amended by Laws of Utah 2018, Chapter 25
128 36-28-102, as last amended by Laws of Utah 2018, Chapter 39
129 41-6a-2002, as last amended by Laws of Utah 2018, Chapter 25
130 49-11-102, as last amended by Laws of Utah 2019, Chapter 31
131 49-11-403, as last amended by Laws of Utah 2015, Chapter 243
132 49-12-203, as last amended by Laws of Utah 2018, Chapter 10 and last amended by
133 Coordination Clause, Laws of Utah 2018, Chapter 315
134 49-12-204, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 315
135 49-12-402, as last amended by Laws of Utah 2017, Chapter 141
136 49-13-203, as last amended by Laws of Utah 2018, Chapter 10 and last amended by
-5-
S.B. 111
Enrolled Copy
137 Coordination Clause, Laws of Utah 2018, Chapter 315
138 49-13-204, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 315
139 49-13-402, as last amended by Laws of Utah 2019, Chapter 31
140 49-21-102, as last amended by Laws of Utah 2018, Chapter 185
141 49-22-203, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 315
142 49-22-204, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 315
143 51-7-4, as last amended by Laws of Utah 2017, Chapter 363
144 51-7-13, as last amended by Laws of Utah 2018, Chapter 415
145 51-8-303, as enacted by Laws of Utah 2007, Chapter 59
146 51-9-201, as last amended by Laws of Utah 2014, Chapter 96
147 53-2a-802, as last amended by Laws of Utah 2017, Chapter 363
148 53-7-204, as last amended by Laws of Utah 2018, Chapter 152
149 53B-1-101.5, as last amended by Laws of Utah 2017, Chapter 382
150 53B-1-102, as last amended by Laws of Utah 2017, Chapter 382
151 53B-1-109, as last amended by Laws of Utah 2018, Chapter 415
152 53B-1-114, as last amended by Laws of Utah 2018, Chapter 415
153 53B-1-301, as enacted by Laws of Utah 2019, Chapter 324 and last amended by
154 Coordination Clause, Laws of Utah 2019, Chapter 444
155 53B-2-102, as last amended by Laws of Utah 2018, Chapter 382
156 53B-2-103, as last amended by Laws of Utah 2017, Chapter 382
157 53B-2-104, as last amended by Laws of Utah 2019, Chapter 357
158 53B-2-106, as last amended by Laws of Utah 2017, Chapter 382
159 53B-2a-100.5, as enacted by Laws of Utah 2017, Chapter 382
160 53B-2a-101, as last amended by Laws of Utah 2019, Chapter 482
161 53B-2a-104, as last amended by Laws of Utah 2018, Chapter 382
162 53B-2a-105, as last amended by Laws of Utah 2018, Chapter 382
163 53B-2a-106, as last amended by Laws of Utah 2018, Chapters 382 and 415
-6-
Enrolled Copy S.B. 111
164 53B-2a-107, as last amended by Laws of Utah 2018, Chapter 382
165 53B-2a-108, as repealed and reenacted by Laws of Utah 2018, Chapter 382
166 53B-2a-109, as last amended by Laws of Utah 2018, Chapter 382
167 53B-2a-110, as last amended by Laws of Utah 2017, Chapter 382
168 53B-2a-112, as last amended by Laws of Utah 2018, Chapter 382
169 53B-2a-113, as last amended by Laws of Utah 2018, Chapter 382
170 53B-2a-114, as last amended by Laws of Utah 2018, Chapter 382
171 53B-2a-115, as enacted by Laws of Utah 2017, Chapter 382
172 53B-2a-116, as last amended by Laws of Utah 2019, Chapter 13
173 53B-2a-117, as enacted by Laws of Utah 2019, Chapter 482
174 53B-6-104, as last amended by Laws of Utah 2017, Chapter 43
175 53B-6-105.5, as last amended by Laws of Utah 2019, Chapter 444
176 53B-6-105.9, as last amended by Laws of Utah 2008, Chapter 382
177 53B-6-106, as last amended by Laws of Utah 2017, Chapter 382
178 53B-7-101, as last amended by Laws of Utah 2019, Chapters 324 and 482
179 53B-7-104, as last amended by Laws of Utah 1989, Chapter 277
180 53B-7-702, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 315
181 53B-7-703, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 315
182 53B-7-705, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 315
183 53B-7-706, as last amended by Laws of Utah 2019, Chapter 324
184 53B-7-707, as last amended by Laws of Utah 2019, Chapter 324
185 53B-8-101, as last amended by Laws of Utah 2018, Chapters 281 and 382
186 53B-8-103, as last amended by Laws of Utah 2013, Chapters 10 and 23
187 53B-8-104, as last amended by Laws of Utah 2019, Chapter 324
188 53B-8-106, as enacted by Laws of Utah 2002, Chapter 230
189 53B-8-107, as last amended by Laws of Utah 2018, Chapter 39
190 53B-8-201, as last amended by Laws of Utah 2019, Chapter 444
-7-
S.B. 111
Enrolled Copy
191 53B-8-301, as enacted by Laws of Utah 2019, Chapter 444
192 53B-8-303, as enacted by Laws of Utah 2019, Chapter 444
193 53B-8a-102.5, as enacted by Laws of Utah 2017, Chapter 389
194 53B-8a-204, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 315
195 53B-8e-103, as last amended by Laws of Utah 2018, Chapter 39
196 53B-10-201, as enacted by Laws of Utah 2018, Chapter 402
197 53B-11-104, as enacted by Laws of Utah 1998, Chapter 70
198 53B-12-102, as last amended by Laws of Utah 2011, Chapter 46
199 53B-16-101, as last amended by Laws of Utah 2017, Chapter 382
200 53B-16-102, as last amended by Laws of Utah 2017, Chapter 382
201 53B-16-105, as last amended by Laws of Utah 2019, Chapter 102
202 53B-16-107, as last amended by Laws of Utah 2019, Chapter 102
203 53B-16-110, as enacted by Laws of Utah 2019, Chapter 102
204 53B-16-202, as renumbered and amended by Laws of Utah 1987, Chapter 8
205 53B-16-205, as last amended by Laws of Utah 2009, Chapter 346
206 53B-16-205.5, as enacted by Laws of Utah 2014, Chapter 69
207 53B-16-209, as last amended by Laws of Utah 2017, Chapter 382
208 53B-16-303, as last amended by Laws of Utah 2008, Chapter 382
209 53B-16-401, as last amended by Laws of Utah 2017, Chapter 382
210 53B-16-402, as enacted by Laws of Utah 1996, Chapter 73
211 53B-16-501, as last amended by Laws of Utah 2015, Chapter 337
212 53B-17-101, as last amended by Laws of Utah 2014, Chapter 63
213 53B-17-103, as last amended by Laws of Utah 2006, Chapter 150
214 53B-17-104, as last amended by Laws of Utah 2014, Chapter 63
215 53B-17-105, as last amended by Laws of Utah 2017, Chapter 382
216 53B-17-503, as enacted by Laws of Utah 1987, Chapter 167
217 53B-17-505, as enacted by Laws of Utah 1987, Chapter 167
-8-
Enrolled Copy S.B. 111
218 53B-17-901, as enacted by Laws of Utah 2013, Chapter 302
219 53B-17-1203, as last amended by Laws of Utah 2019, Chapter 186 and renumbered and
220 amended by Laws of Utah 2019, Chapter 446 and last amended by Coordination
221 Clause, Laws of Utah 2019, Chapter 446
222 53B-17-1204, as last amended by Laws of Utah 2019, Chapter 186 and renumbered and
223 amended by Laws of Utah 2019, Chapter 446 and last amended by Coordination
224 Clause, Laws of Utah 2019, Chapter 446
225 53B-18-501, as enacted by Laws of Utah 1988, Chapter 218
226 53B-18-1301, as enacted by Laws of Utah 2011, Chapter 249
227 53B-21-104, as enacted by Laws of Utah 1987, Chapter 167
228 53B-21-105, as last amended by Laws of Utah 2011, Chapter 342
229 53B-21-113, as enacted by Laws of Utah 1987, Chapter 167
230 53B-22-201, as enacted by Laws of Utah 2019, Chapter 482
231 53B-23-104, as enacted by Laws of Utah 2006, Chapter 301
232 53B-23-106, as enacted by Laws of Utah 2006, Chapter 301
233 53B-26-103, as last amended by Laws of Utah 2019, Chapters 324 and 357
234 53B-26-202, as last amended by Laws of Utah 2019, Chapter 324
235 53B-27-301, as enacted by Laws of Utah 2018, Chapter 325
236 53B-27-303, as enacted by Laws of Utah 2018, Chapter 325
237 53B-28-401, as enacted by Laws of Utah 2019, Chapter 476
238 53E-1-201, as last amended by Laws of Utah 2019, Chapter 324 and last amended by
239 Coordination Clause, Laws of Utah 2019, Chapters 41, 205, 223, 342, 446, and 476
240 53E-1-203, as enacted by Laws of Utah 2019, Chapter 324
241 53E-2-302, as last amended by Laws of Utah 2019, Chapter 186
242 53E-3-502, as renumbered and amended by Laws of Utah 2018, Chapter 1
243 53E-3-505, as last amended by Laws of Utah 2019, Chapters 186 and 226
244 53E-3-507, as last amended by Laws of Utah 2019, Chapters 186, 324, and 357
-9-
S.B. 111
Enrolled Copy
245 53E-4-206, as last amended by Laws of Utah