SB 240 — Higher Education Institutional Governance

(B) who serve the institution in the administrative, cabinet, or general counsel role at the pleasure of the president;

(4)(4)[(a)] [(a)] A president may, after consultation with the institution's board of trustees, exercise powers related to the institution's employees, including faculty and persons under contract with the institution, by implementing:

- 7 - SB0240 compared with SB0240S01 (a) control and manage the budget and finances of the institution in consultation with the board of trustees in accordance with Section 53H-3-201, including by, as determined by the president:

and (ii) establishing or adjusting administrative or academic unit budgets;budgets;[ and] (b) subject to Section 53H-8-202, establish:

[and](i) (b)tuition for the institution, including both resident and nonresident tuition if the institution is a degree-granting institution, subject to Sectionthe 53H-8-202,approval establish:of the board as described in Section 53H-1-203;

(i) tuition for the institution, including both resident and nonresident tuition if the institution is a degree- granting institution, subject to the approval of the board as described in Section 53H-1-203;

and (c) establish the organization and structure of the institution, including by, as determined by- the7 president,- creating,S.B. merging, or eliminating a college, department, or other administrative or academic unit of the institution.

240 Enrolled Copy by the president, creating, merging, or eliminating a college, department, or other administrative or academic unit of the institution.

(iii) permitting faculty to have jurisdiction over a matter other than a matter described in Subsection [(6)[(6)(b)(ii)] (b)(ii)] (6)(a)(ii) only if the following entities expressly authorize or delegate such power:

- 8 - SB0240 compared with SB0240S01 (a) are consistent with the institution's role that the board establishes, rules which the board enacts, and the laws of the state;

(8)- A8 president- shallEnrolled manageCopy theS.B. president's institution as a part of the Utah System of Higher Education.

240 (8) A president shall manage the president's institution as a part of the Utah System of Higher Education.

(11)(11)(a) (a) A president is subject to[ ] :

53H-3-405.53H-3-405 .

(a) provide legal advice to the degree-granting institution's[institution's administration;administration] institution;

and - 9 - SB0240 compared with SB0240S01 (b) coordinate legal affairs within the degree-granting institution.

(ii)- settle9 a- claimS.B. covered by the State Risk Management Fund;[ or] (iii) issue a formal legal opinion;[ and] or (iv) serve in or exercise:

240 Enrolled Copy (ii) settle a claim covered by the State Risk Management Fund;[ or] (iii) issue a formal legal opinion;[ and] or (iv) serve in or exercise:

or (B) an administrative role, function, or office, except for a non-legalprimarily administrativelegal or regulatory role or as outlined in anotherthe administrativeboard's functionrules ordescribed office;in Subsection (4);

(6) Notwithstanding Subsection (1), a president of a degree-granting institution may not appoint, contract, hire, or otherwise retain outside legal counsel for the purpose of prosecuting or defending litigation.litigation without the written consent of the attorney general or the attorney general's designee.

53H-3-603.53H-3-603 .

(2)(2)(a) (a) Under procedures and policies approved by the board and developed in consultation with each institution of higher education, each institution of higher education may make such changes in the - 10 - SB0240 compared with SB0240S01 institution of higher education's curriculum as necessary to better effectuate the institution of higher education's primary role;

and (d)- the10 new- programEnrolled ofCopy instructionS.B. meets other criteria determined by the board.

(4)240 (a)(d) Exceptthe asnew boardprogram policy permits, an institution of higherinstruction educationmeets mayother notcriteria establishdetermined aby branch,the extensionboard. center, college, or professional school.

(4)(a) Except as board policy permits, an institution of higher education may not establish a branch, extension center, college, or professional school.

(5)(5)(a)(i) (a) (i) Except as provided in Subsection (5)(a)(ii), a degree-granting institution may not offer a degree with a credit-hour requirement, comprising general education and degree-specific requirements, that exceeds 120 total credit hours.

or - 11 - SB0240 compared with SB0240S01 (B) has a nationally recognized accreditation standard that mandates a higher credit-hour minimum, including circumstances where additional coursework is necessary to protect public health, safety, and welfare.

(7)(7)(a) (a) The board shall conduct a periodic review of all new programs of instruction, including those funded by gifts, grants, and contracts, no later than two years after the first cohort to begin the program of instruction completes the program of instruction.

(c)- The11 board- shallS.B. conduct:

240 Enrolled Copy (c) The board shall conduct:

- 12 - SB0240 compared with SB0240S01 (8) In making decisions related to career and technical education curriculum changes, the board shall coordinate, on behalf of the boards of trustees of higher education institutions, a review of the proposed changes by the State Board of Education to ensure an orderly and systematic career and technical education curriculum that eliminates overlap and duplication of course work with high schools and technical colleges.

(a)- deduct12 10%- ofEnrolled theCopy appropriationS.B. described in Section 53H-8-302 for the following fiscal year;

240 (a) deduct 10% of the appropriation described in Section 53H-8-302 for the following fiscal year;

53H-8-202.53H-8-202 .

(2)(2)(a) (a) Subject to Subsection (3), the board shall recommend a combined appropriation for the operating budgets of institutions and the board for inclusion in a state appropriations act.

- 13 - SB0240 compared with SB0240S01 (iv) statewide and institutional priorities, including scholarships, financial aid, and technology infrastructure;

(4)(4)(a) (a) Institutional operating budgets shall be submitted to the board at least 90 days before the convening of the Legislature in accordance with procedures established by the board.

(b)- Except13 as- providedS.B. in Sections 53H-9-604 and 53H-9-504, funding requests pertaining to capital facilities and land purchases shall be submitted in accordance with procedures prescribed by the Division of Facilities Construction and Management.

(5)240 (a)Enrolled TheCopy budget(b) recommendationsExcept ofas theprovided boardin Sections 53H-9-604 and 53H-9-504, funding requests pertaining to capital facilities and land purchases shall be accompaniedsubmitted byin fullaccordance explanationswith andprocedures supportingprescribed data[.]by ,the including,Division regardingof employeeFacilities compensation:Construction and Management.

(5)(a) The budget recommendations of the board shall be accompanied by full explanations and supporting data[.] , including, regarding employee compensation:

(6)(6)(a) (a) The board shall request a hearing with the governor on the recommended appropriations.

- 14 - SB0240 compared with SB0240S01 (b) After the governor delivers the governor's budget message to the Legislature, the board shall request hearings on the recommended appropriations with the Higher Education Appropriations Subcommittee.

(8)(8)(a) (a) The board shall recommend to each session of the Legislature the minimum tuitions, resident and nonresident, for each institution which it considers necessary to implement the budget recommendations.

(b) Subject to Subsection (13), the board may fix the tuition, fees, and charges for each institution- at14 levels- theEnrolled boardCopy findsS.B. necessary to meet budget requirements.

240 institution at levels the board finds necessary to meet budget requirements.

(12)(12)(a) (a) If the Legislature appropriates money in accordance with this section, the money shall be distributed to the board and institutions to fund the items described in Subsection (2)(b).

(b) An institution shall use any compensation money the Legislature appropriates under Subsection (2)(2)(b)(i) (b)(i) for compensation, which may include merit- or market-based increases.

- 15 - SB0240 compared with SB0240S01 (13) The board shall create policies requiring an institution of higher education to waive transcript fees for a student who is under the age of 26 and:

53H-9-603.53H-9-603 .

and (iii)- Uintah15 Basin- TechnicalS.B. College;

240 Enrolled Copy (iii) Uintah Basin Technical College;

- 16 - SB0240 compared with SB0240S01 (a) maintaining the technical college's existing instructional facilities for both secondary and adult students;

(4)(4)(a) (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)(3)(a) (a) through (c);

(b) The Division of Facilities Construction and Management shall make a finding that the requirements of this section are met before the Division of Facilities Construction and Management may consider a funding request from the board pertaining to new capital- facilities16 and- landEnrolled purchasesCopy forS.B. a technical college.

240 capital facilities and land purchases for a technical college.

-63I-5-102 17. - SB0240 compared with SB0240S01 63I-5-102.

[(a)]- (i)17 are- appointedS.B. by an appointing authority;

[(b)]240 (ii)Enrolled [(i)]Copy (A)[(a)] do(i) notare haveappointed administrativeby responsibilitiesan withinappointing theauthority; agency;

[(b)] (ii)[(i)] (A) do not have administrative responsibilities within the agency;

- 18 - SB0240 compared with SB0240S01 (8) "Internal audit" means an independent appraisal activity established within a state agency as a control system to examine and evaluate the adequacy and effectiveness of other internal control systems within the agency.

(11)(11)(a) (a) "State agency" means:

or- (iv)18 any- administrativeEnrolled subdivisionCopy ofS.B. a county, municipality, school district, special district, or special service district.

240 or (iv) any administrative subdivision of a county, municipality, school district, special district, or special service district.

63I-5-201.63I-5-201 .

(1)(1)(a) (a) The departments of Government Operations, 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.

- 19 - SB0240 compared with SB0240S01 (b) The governor may, by executive order, require a state agency not described in Subsection (1)(a) to establish an internal audit program.

(2)(2)(a) (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.

(3)(3)(a) (a) 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.

(5) Subject to Section 32B-2-302.5, the internal audit division of the Department of Alcoholic Beverage Services shall establish an internal audit program under the direction- of19 the- AlcoholicS.B. Beverage Services Commission.

240 Enrolled Copy direction of the Alcoholic Beverage Services Commission.

67-5-5.67-5-5 .

and[ ] (b) the attorney general alone shall have the sole right to hire legal counsel for each [such[ such ]agency.[ ] (2) Where the Legislature has provided by statute for separate agency counsel, [no such] the counsel may not act as an assistant attorney general nor as a special assistant attorney general unless the attorney general [shall so authorize] authorizes.[ ] - 20 - SB0240 compared with SB0240S01 (3) Unless the attorney general hires [such ]legal counsel from outside the attorney general's office,office or authorizes the agency to hire outside counsel, the attorney general shall remain the sole legal counsel for [that] each agency.[ ] (4) If outside counsel is hired for an agency, then the attorney general shall approve the costs of any services [toto be rendered by this counsel shall be approved by the attorney general before these costs are incurred]incurred. the outside counsel renders before the outside counsel incurs the costs.[ ] (5) (a) The attorney general shall approve all billing statements from outside counsel[ and ] described in this section.

(b) The agencyattorney general shall approve all billing statements from outside counsel and shall pay the full costs of [thisthis counsel unless the agency by legislative appropriation or in the form of costs, fees, fines, penalties, forfeitures or proceeds reserved or designated for the payment of legal fees receives from any other source the equivalent cost or a portion thereof, in which case the attorney general may bill the agency for the services;

provided, the agency may deduct any unreimbursed costs and expenses incurred by the agency in connection with the legal service rendered]rendered.] (4) If the attorney general authorizes an agency to hire outside counsel describedunder in Subsection (5)(a).(3), and if the agency hires outside counsel, the agency is responsible for the costs of services the outside counsel renders to the agency.

Effective date.

2-6-26 1:01 PM - 2120 -