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Technical College Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Christine F. Watkins
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LONG TITLE
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General Description:
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This bill amends provisions relating to capital development projects for technical colleges.
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Highlighted Provisions:
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This bill:
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▸ amends provisions relating to construction plan approval and presentation of the
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recommendations of the Utah Board of Higher Education.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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53B-2a-112, as last amended by Laws of Utah 2023, Chapter 254
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53B-7-101, as last amended by Laws of Utah 2024, Chapter 527
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53B-2a-112 is amended to read:
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53B-2a-112 . Technical colleges -- Relationships with other public and higher
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education institutions -- Agreements -- Priorities -- New capital facilities.
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(1) As used in this section, "higher education institution" means:
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(a) Utah State University for:
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(i) Bridgerland Technical College;
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(ii) Tooele Technical College; and
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(iii) Uintah Basin Technical College;
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(b) Weber State University for:
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(i) Ogden-Weber Technical College; and
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(ii) Davis Technical College;
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(c) Utah Valley University for Mountainland Technical College; H.B. 91 01-03 15:26
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(d) Southern Utah University for Southwest Technical College; and
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(e) Utah Tech University for Dixie Technical College.
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(2) A technical college may enter into agreements:
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(a) with other higher education institutions to cultivate cooperative relationships; or
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(b) with other public and higher education institutions to enhance career and technical
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education within the technical college's region.
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(3) Before a technical college develops new instructional facilities, the technical college
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shall give priority to:
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(a) maintaining the technical college's existing instructional facilities for both secondary
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and adult students;
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(b) coordinating with the president of the technical college's degree-granting partner and
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entering into any necessary agreements to provide career and technical education to
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secondary and adult students that:
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(i) maintain and support existing higher education career and technical education
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programs; and
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(ii) maximize the use of existing higher education facilities; and
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(c) developing cooperative agreements with school districts, charter schools, other
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higher education institutions, businesses, industries, and community and private
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agencies to maximize the availability of career and technical education instructional
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facilities for both secondary and adult students.
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(4)(a) Before submitting a funding request pertaining to new capital facilities and land
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purchases to the board, a technical college shall:
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(i) ensure that all available instructional facilities are maximized in accordance with
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Subsections (3)(a) through (c); and
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(ii) coordinate the request with the president of the technical college's
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degree-granting partner, if applicable.
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(b) The Division of Facilities Construction and Management shall make a finding that
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the requirements of this section are met before the Division of Facilities Construction
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and Management may consider a funding request from the board pertaining to new
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capital facilities and land purchases for a technical college.
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(c) A technical college may not construct, approve the construction of, [plan for the
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design or construction of, ]or consent to the construction of a career and technical
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education facility without approval of the Legislature.
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(5) Before acquiring new fiscal and administrative support structures, a technical college
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shall:
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(a) review the use of existing public or higher education administrative and accounting
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systems, financial record systems, and student and financial aid systems for the
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delivery of education in the region;
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(b) determine the feasibility of using existing systems; and
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(c) with the approval of the technical college board of trustees and the board, use the
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existing systems.
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Section 2. Section 53B-7-101 is amended to read:
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53B-7-101 . Combined requests for appropriations -- Board review of operating
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budgets -- Submission of budgets -- Recommendations -- Hearing request --
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Appropriation formulas -- Allocations -- Dedicated credits -- Financial affairs.
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(1) As used in this section:
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(a) "Higher education institution" or "institution" means an institution of higher
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education listed in Section 53B-1-102.
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(b) "Research university" means the University of Utah or Utah State University.
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(2)(a) Subject to Subsection (3), the board shall recommend a combined appropriation
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for the operating budgets of higher education institutions for inclusion in a state
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appropriations act.
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(b) The board's combined budget recommendation shall include:
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(i) employee compensation;
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(ii) mandatory costs, including building operations and maintenance, fuel, and power;
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(iii) performance funding described in Part 7, Performance Funding;
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(iv) statewide and institutional priorities, including scholarships, financial aid, and
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technology infrastructure; and
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(v) enrollment growth.
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(c)(i) The board's recommendations shall be available for presentation to the
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governor and to the Legislature at least 30 days before the convening of the
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Legislature, and shall include schedules showing all funding distribution models
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and the recommended amounts for each institution, including separately funded
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programs or divisions.
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(ii) A funding distribution model utilized for a technical college shall include
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equivalent funding value for secondary and adult students and reflect the full
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responsibility of the technical college's statutorily-required services.
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(d) The recommended appropriations shall be determined by the board only after the
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board has reviewed the proposed institutional operating budgets, and has consulted
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with the various institutions and board staff in order to make appropriate adjustments.
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(3) In the combined request for appropriation, the board shall differentiate between
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appropriations requested for academic education and appropriations requested for
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technical education.
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(4)(a) Institutional operating budgets shall be submitted to the board at least 90 days
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before the convening of the Legislature in accordance with procedures established by
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the board.
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(b) Except as provided in Sections 53B-2a-117 and 53B-22-204, funding requests
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pertaining to capital facilities and land purchases shall be submitted in accordance
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with procedures prescribed by the Division of Facilities Construction and
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Management.
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(5)(a) The budget recommendations of the board shall be accompanied by full
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explanations and supporting data.
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(b) The appropriations recommended by the board shall be made with the dual objective
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of:
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(i) justifying for higher education institutions appropriations consistent with their
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needs, and consistent with the financial ability of the state; and
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(ii) determining an equitable distribution of funds among the respective institutions in
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accordance with the aims and objectives of the statewide master plan for higher
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education.
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(6)(a) The board shall request a hearing with the governor on the recommended
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appropriations.
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(b) After the governor delivers his budget message to the Legislature, the board shall
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request hearings on the recommended appropriations with the Higher Education
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Appropriations Subcommittee.
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(c) If either the total amount of the state appropriations or its allocation among the
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institutions as proposed by the Legislature or the Higher Education Appropriations
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Subcommittee is substantially different from the recommendations of the board, the
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board may request further hearings with the Legislature or the Higher Education
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Appropriations Subcommittee to reconsider both the total amount and the allocation.
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(7) The board may devise, establish, periodically review, and revise formulas for the
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board's use and for the use of the governor and the Higher Education Appropriations
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Subcommittee in making appropriation recommendations.
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(8)(a) The board shall recommend to each session of the Legislature the minimum
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tuitions, resident and nonresident, for each institution which it considers necessary to
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implement the budget recommendations.
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(b) Subject to Subsection (13), the board may fix the tuition, fees, and charges for each
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institution at levels the board finds necessary to meet budget requirements.
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(9) Money allocated to each institution by legislative appropriation may be budgeted in
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accordance with institutional work programs approved by the board, provided that the
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expenditures funded by appropriations for each institution are kept within the
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appropriations for the applicable period.
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(10) The dedicated credits, including revenues derived from tuitions, fees, federal grants,
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and proceeds from sales received by the institutions are appropriated to the respective
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institutions to be used in accordance with institutional work programs.
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(11) An institution may do the institution's own purchasing, issue the institution's own
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payrolls, and handle the institution's own financial affairs under the general supervision
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of the board.
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(12) If the Legislature appropriates money in accordance with this section, the money shall
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be distributed to the board and higher education institutions to fund the items described
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in Subsection (2)(b).
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(13) The board shall create policies requiring an institution of higher education to waive
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transcript fees for a student who is under the age of 26 and:
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(a) is homeless, as defined in Section 26B-3-207;
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(b) is a person who is homeless, as defined in Section 35A-5-302;
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(c) is an individual whose primary nighttime residence is a location that is not designed
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for or ordinarily used as a sleeping accommodation for an individual;
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(d) is a homeless child or youth, as defined in 42 U.S.C. Sec. 11434a;
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(e) is in the custody of the Division of Child and Family Services; or
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(f) was in the custody of the Division of Child and Family Services but is no longer in
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the custody of the Division of Child and Family Services due to the individual's age.
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Section 1. Effective Date.
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This bill takes effect on May 7, 2025.
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