reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 19 - State Arboreta › Section 102 - Establishment of state arboreta at University of Utah and Utah State University.

53B-19-102.
Establishment of state arboreta at University of Utah and Utah State University.
State arboreta are created and established at the University of Utah and Utah State University. The universities may, on behalf of the people of this state, cultivate a greater knowledge and public appreciation for the trees and plants around us, as well as those growing in remote sections of the country and world.
Amended by Chapter 4, 1993 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 19 - State Arboreta › Section 103 - Acceptance of gifts by University of Utah and Utah State University.

53B-19-103.
Acceptance of gifts by University of Utah and Utah State University.
The University of Utah and Utah State University are authorized to receive gifts, contributions, and donations of all kinds, including gifts and contributions of trees, plants, and shrubbery of every variety to promote the purposes and pursuits of an arboretum.
Enacted by Chapter 167, 1987 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 20 - Property Rights - Title and Control › Section 101 - Property of institutions to vest in state board.

Effective 7/1/2023
53B-20-101.
Property of institutions to vest in state board.
The Utah Board of Higher Education is the successor to, and vested with, all the powers and authority relating to all properties, real and personal, tangible and intangible, and to the control and management of the property which was held by the governing board of each institution prior to the creation of the board.
Amended by Chapter 254, 2023 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 20 - Property Rights - Title and Control › Section 102 - Vesting of rights, claims, and causes of action in higher education institutions -- Right to sue in corporate name.

53B-20-102.
Vesting of rights, claims, and causes of action in higher education institutions -- Right to sue in corporate name.
All rights, claims, and causes of action to or for any property vested in an institution of higher education prior to the effective date of this chapter, or the use of or income from the property, or for any conversion, disposition, and withholding of the property, or for any damage or injury to the property vests in the institution. The institution may bring and maintain actions in its corporate name to recover, protect, and preserve all property and rights of the institution and enforce any contract relating to those rights and property.
Enacted by Chapter 167, 1987 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 20 - Property Rights - Title and Control › Section 103 - Powers of state board -- Capital facilities projects -- Exceptions.

53B-20-103.
Powers of state board -- Capital facilities projects -- Exceptions.
(1) As used in this section, "capital facilities projects and buildings" includes any one or more institutional projects and buildings.
(2) The board, on behalf of the institutions of higher education, may:
(a) acquire, purchase, construct, improve, remodel, add to, and extend capital facilities projects and buildings including necessary and related utilities;
(b) accept buildings, land, or a combination of buildings and land, donated to an eligible higher education institution without obtaining approval of the donation from the director of the Division of Facilities Construction and Management;
(c) acquire necessary and suitable equipment, furnishings, and land for institutional projects and buildings;
(d) set aside portions of campuses for institutional projects and buildings;
(e) maintain and operate institutional projects and buildings; and
(f) impose and collect rents, fees, and charges for the use of institutional projects and buildings.
(3) Notwithstanding any other provision of law, if a donor donates land to an eligible institution of higher education and commits to build a building or buildings on that land, and the institution agrees to provide funds for the operations and maintenance costs from sources other than state funds, and agrees that the building or buildings will not be eligible for state capital improvement funding, the higher education institution may:
(a) oversee and manage the construction without involvement, oversight, or management from the Division of Facilities Construction and Management; or
(b) arrange for management of the project by the Division of Facilities Construction and Management.
Amended by Chapter 342, 1998 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 20 - Property Rights - Title and Control › Section 104 - Buildings and facilities -- Board approval of construction and purchases -- Rules.

Effective 5/3/2023
53B-20-104.
Buildings and facilities -- Board approval of construction and purchases -- Rules.
(1) The board shall approve all new construction, repair, or purchase of educational and general buildings and facilities financed from any source at all institutions subject to the jurisdiction of the board.
(2) An institution may not submit plans or specifications to the Division of Facilities Construction and Management for the construction or alteration of buildings, structures, or facilities or for the purchases of equipment or fixtures for the structure without the authorization of the board.
(3) The board shall make rules establishing the conditions under which facilities may be eligible to request state funds for operations and maintenance.
(4) Before approving the purchase of a building, the board shall:
(a) determine whether or not the building will be eligible for state funds for operations and maintenance by applying the rules adopted under Subsection (3); and
(b) if the annual request for state funding for operations and maintenance will be greater than $100,000, notify the speaker of the House, the president of the Senate, and the cochairs of the Infrastructure and General Government subcommittee of the Legislature's Joint Appropriation Committee.
Amended by Chapter 369, 2023 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 20 - Property Rights - Title and Control › Section 105 - Institutional right to receive and convert grants, gifts, devises, or bequests.

53B-20-105.
Institutional right to receive and convert grants, gifts, devises, or bequests.
(1) Each institution may convert property received by gift, grant, devise, or bequest, and not suitable for its use, into other property or into money. All property received or converted under this subsection shall be held, invested, and managed and the proceeds used for the purposes and under the conditions prescribed in the grant or donation.
(2) If a condition is imposed by the terms of a grant, gift, devise, or bequest which is impracticable under the law, the grant is still valid. However, the condition must be rejected and the intent of the grantor carried out as nearly as may be possible.
(3) A grant, gift, devise, or bequest for the benefit of the institution is not defeated or prejudiced by any misnomer, misdescription, or informality, if the intent of the grantor or donor can be shown or ascertained with reasonable certainty.
Enacted by Chapter 167, 1987 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 21 - Revenue Bonds › Section 101 - Financing of projects or buildings -- Issuance of bonds -- Sale price determined by board -- Payment of bonds -- Bonds exempt from income taxation.

Effective 7/1/2017
53B-21-101.
Financing of projects or buildings -- Issuance of bonds -- Sale price determined by board -- Payment of bonds -- Bonds exempt from income taxation.
(1) In order to pay all or part of the cost of the acquisition, purchase, construction, improvement, remodeling, addition to, extension, equipment, and furnishing of any project or building, including the acquisition of all necessary land, the board, on behalf of the institution for which this is to be done, may do the following: (a) borrow money on the credit of the income and revenues to be derived from the operation of the building, the imposition of student building fees, land grant interest, and net profits from proprietary activities, or from sources other than by appropriations by the Legislature to issuing institutions and, in anticipation of the collection of this income and revenues, issue negotiable bonds of the institution in an amount as the board determines is necessary for these purposes; and (b) provide for the payment of these bonds and the rights of their holders as provided in this chapter.
(2) Bonds may: (a) be issued in one or more series; (b) bear any date or dates; (c) mature at any time or times not exceeding 40 years from their date; (d) be in any denominations; (e) be in any form, either coupon or registered; (f) carry registration and conversion privileges; (g) be executed in any manner; (h) be payable in any medium of payment at any place; (i) be subject to any terms of redemption with or without premium; and (j) bear interest at any rate or rates as provided by resolution adopted by the board at or before the sale of the bonds.
(3) The bonds may be sold in a manner, at the lowest obtainable rate or rates of interest, and at a price or prices as determined by the board. These determinations are conclusive.
(4) The board may authorize one issue of bonds for the acquisition, purchase, construction, improvement, remodeling, adding to, extending, furnishing, or equipping of more than one building, including the acquisition of all necessary land, and may make the bonds payable from the combined revenues of all the buildings as well as from student building fees, land grant interest, net profits from proprietary activities, and from sources other than those derived from appropriations from the Legislature.
(5) The bonds issued under this chapter have all of the qualities and incidents of negotiable paper and are not subject to state or local income taxation.
(6) This section does not apply to a technical college.
Amended by Chapter 382, 2017 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 21 - Revenue Bonds › Section 103 - Agreements with federal government for funds.

53B-21-103.
Agreements with federal government for funds.
The board may enter into an agreement with the federal government in order to obtain funds for the following purposes: (1) to supplement bond proceeds used to pay for the projects referred to in Section 53B-21-101; and (2) to supplement income and revenues which, under this chapter, are used to pay debt service on bonds issued under this chapter.
Enacted by Chapter 167, 1987 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 21 - Revenue Bonds › Section 104 - Deposit of bond proceeds -- Division of Facilities Construction and Management responsibilities and approval.

Effective 5/4/2022
53B-21-104.
Deposit of bond proceeds -- Division of Facilities Construction and Management responsibilities and approval.
(1) The board treasurer or other fiscal officer, with the approval of the state treasurer, deposits the proceeds from the sale of bonds under this chapter into a special Construction Trust Fund Account established in compliance with the State Money Management Act of 1974.
(2) The proceeds are credited to the board on behalf of the institution of higher education for which the bonds were issued.
(3) The proceeds are kept in a separate fund and used solely for the purpose for which they were authorized by the board.
(4) The Division of Facilities Construction and Management makes all contracts and executes all instruments which it considers necessary to provide for the projects referred to in Section 53B-21-101.
(5) The proceeds in the special Construction Trust Fund Account shall be disbursed only upon receipt of written statements supported by itemized estimates and claims presented to the Division of Facilities Construction and Management as provided in the resolution authorizing the issuance of the bonds.
Amended by Chapter 421, 2022 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 21 - Revenue Bonds › Section 105 - Disposition and use of income from operation of buildings -- Payment of principal and interest on bonds.

Effective 7/1/2020
53B-21-105.
Disposition and use of income from operation of buildings -- Payment of principal and interest on bonds.
(1) Except for the revenues paid directly to a trustee under Subsection 53B-21-102(3)(f), all income and revenues from the operation of the buildings under this chapter are deposited as collected in a fund established in compliance with the State Money Management Act.
(2)
(a) This money is for the payment of the principal and interest on the bonds authorized under this chapter.
(b) The money shall also be used, to the extent provided in the resolution authorizing the bonds, to pay for the cost of maintaining and operating the building and to establish reserves for that purpose.
(3) The board treasurer or other designated fiscal officer shall, not less than 15 days prior to the date interest and principal payments are due, transmit to the paying agent sufficient money from the fund to pay the obligation.
Amended by Chapter 365, 2020 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 21 - Revenue Bonds › Section 106 - Examination and certification of bonds by attorney general -- Recital of certification -- Incontestability of bonds.

53B-21-106.
Examination and certification of bonds by attorney general -- Recital of certification -- Incontestability of bonds.
(1) The resolutions and proceedings authorizing the issuance and confirming sale of bonds under this chapter are submitted to the attorney general for examination.
(2) When the resolutions and proceedings have been examined and the bonds certified as legal obligations by the attorney general, the bonds are incontestable in any court in the state unless suit is brought within 30 days from the date of the approval.
(3) A bond authorized under this section shall contain a recital on its face in substantially the following form: "This bond is one of a series of bonds which were certified as legal obligations by the attorney general of the state of Utah on ___."
(4) Bonds authorized, issued, and sold under resolutions and proceedings approved by the attorney general are prima facie valid and binding obligations according to their terms.
(5) The only defense which may be offered in any suit instituted after the 30-day period has expired is forgery, fraud, or violation of the Constitution.
Enacted by Chapter 167, 1987 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 21 - Revenue Bonds › Section 107 - Investment in bonds by private and public entities -- Approval as collateral security.

Effective 5/12/2015
53B-21-107.
Investment in bonds by private and public entities -- Approval as collateral security.
(1) Any bank, savings and loan association, trust, or insurance company organized under the laws of this state or federal law may invest its capital and surplus in bonds issued under this chapter.
(2) The officers having charge of a sinking fund or any county, city, metro township, town,, or school district may invest the sinking fund in bonds issued under this chapter.
(3) The bonds shall also be approved as collateral security for the deposit of any public funds and for the investment of trust funds.
Amended by Chapter 352, 2015 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 21 - Revenue Bonds › Section 109 - Student building fees.

53B-21-109.
Student building fees.
(1) The board issuing bonds under this chapter may impose and collect student building fees from all students in attendance at the institution in behalf of which the bonds are issued.
(2) The board may also pledge the fees in the same manner provided for the pledging of other revenues of the board or institution under this chapter.
Enacted by Chapter 167, 1987 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 21 - Revenue Bonds › Section 112 - Financing projects and buildings -- Security instruments -- Terms.

53B-21-112.
Financing projects and buildings -- Security instruments -- Terms.
(1) In connection with the financing of any project or building under this chapter, the board, on behalf of an institution of higher education, may grant a purchase money mortgage, trust deed, or other security device pledging any land, buildings, furnishings, equipment, or other facilities to be acquired or constructed and paid for from the proceeds of the financing.
(2) The rights and remedies available in the event of a default to the mortgagee, trustee, or lender shall be as agreed upon between the board and the lender and contained in the document.
(3) In making any agreements, the board does not have the power to obligate itself or the state, except with respect to: (a) the project; (b) the building and the application of the revenues from it; (c) the revenues from any special fund pledged to repay it; (d) the proceeds of any ad valorem tax; or (e) any appropriations from the Legislature of the state.
(4) Any purchase money mortgage, trust deed, or other security device made or granted by the board to secure the loan or other method of financing may also provide that in the event of a default in payment or the violation of any agreement, the mortgage, trust deed, or security device may be foreclosed or otherwise realized in any manner permitted by law. However, no deficiency judgment shall lie in any event and the breach of the agreement does not impose any general obligation or liability upon the board, the state, the proceeds of ad valorem taxes, or appropriations from the Legislature.
(5) The purchase money mortgage, trust deed, or other security device may also provide that any mortgagee, trustee, lender, or the holder of any evidence of indebtedness secured by the security instrument may become the purchaser at any foreclosure sale, if the highest bidder.
Enacted by Chapter 167, 1987 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 21 - Revenue Bonds › Section 113 - Limitation on issuance of bonds.

Effective 7/1/2020
53B-21-113.
Limitation on issuance of bonds.
No bonds may be authorized or issued by the board or the board of any institution under this chapter without the prior approval of the Legislature.
Amended by Chapter 365, 2020 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 22 - Higher Education Capital Projects › Part 1 - Revenue Bond Authorizations › Section 102 - Utah State University revenue bonds -- Student family housing and Human Resource Research Center.

53B-22-102.
Utah State University revenue bonds -- Student family housing and Human Resource Research Center.
(1) The State Board of Regents, on behalf of Utah State University, may issue, sell, and deliver revenue bonds or other evidences of indebtedness of Utah State University to borrow money on the credit of the income and revenues of Utah State University, other than appropriations of the Legislature, to finance the cost of constructing, furnishing, and equipping a student family housing project and a Human Resource Research Center.
(2) The bonds or other evidences of indebtedness authorized by this section may not exceed $6,600,000 for the student family housing project and $6,000,000 for the Human Resource Research Center, and shall be issued in accordance with Title 53B, Chapter 21, Revenue Bonds, under such terms and conditions and in such amounts as the board, by resolution, determines are reasonable and necessary.
Amended by Chapter 332, 1995 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 22 - Higher Education Capital Projects › Part 1 - Revenue Bond Authorizations › Section 103 - Weber State University revenue bonds -- Student services building.

53B-22-103.
Weber State University revenue bonds -- Student services building.
(1) The State Board of Regents, on behalf of Weber State University, may issue, sell, and deliver revenue bonds or other evidences of indebtedness of Weber State University to borrow money on the credit of the income and revenues of Weber State University, other than appropriations of the Legislature, to finance the partial cost of constructing, furnishing, and equipping a student services building.
(2) The bonds or other evidences of indebtedness authorized by this section may not exceed $5,800,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue Bonds, under such terms and conditions and in such amounts as the board, by resolution, determines are reasonable and necessary.
Enacted by Chapter 32, 1991 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 22 - Higher Education Capital Projects › Part 1 - Revenue Bond Authorizations › Section 104 - Southern Utah University revenue bonds -- Student housing and student center addition.

53B-22-104.
Southern Utah University revenue bonds -- Student housing and student center addition.
(1) The State Board of Regents, on behalf of Southern Utah University, may issue, sell, and deliver revenue bonds or other evidences of indebtedness of Southern Utah University to borrow money on the credit of the income and revenues of Southern Utah University, other than appropriations of the Legislature, to finance the cost of constructing, furnishing, and equipping a student housing project and a student center addition.
(2) The bonds or other evidences of indebtedness authorized by this section may not exceed $6,000,000 for the student housing project and $5,500,000 for the student center addition and shall be issued in accordance with Title 53B, Chapter 21, Revenue Bonds, under terms and conditions and in amounts that the board, by resolution, determines are reasonable and necessary.
Amended by Chapter 177, 1992 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 22 - Higher Education Capital Projects › Part 1 - Revenue Bond Authorizations › Section 105 - Dixie College revenue bonds -- Student center building.

53B-22-105.
Dixie College revenue bonds -- Student center building.
(1) The State Board of Regents, on behalf of Dixie College, may issue, sell, and deliver revenue bonds or other evidences of indebtedness of Dixie College to borrow money on the credit of the income and revenues of Dixie College, other than appropriations of the Legislature, to finance the partial cost of constructing, furnishing, and equipping a student center building.
(2) The bonds or other evidences of indebtedness authorized by this section may not exceed $3,100,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue Bonds, under such terms and conditions and in such amounts as the board, by resolution, determines are reasonable and necessary.
Enacted by Chapter 32, 1991 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 22 - Higher Education Capital Projects › Part 1 - Revenue Bond Authorizations › Section 106 - Utah Valley State College revenue bonds -- Student center addition.

53B-22-106.
Utah Valley State College revenue bonds -- Student center addition.
(1) The State Board of Regents, on behalf of Utah Valley State College, may issue, sell, and deliver revenue bonds or other evidences of indebtedness of Utah Valley State College to borrow money on the credit of the income and revenues of Utah Valley State College, other than appropriations of the Legislature, to finance the cost of constructing, furnishing, and equipping a student center addition.
(2) The bonds or other evidences of indebtedness authorized by this section may not exceed $13,500,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue Bonds, under such terms and conditions and in such amounts as the board, by resolution, determines are reasonable and necessary.
Amended by Chapter 143, 2000 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 22 - Higher Education Capital Projects › Part 1 - Revenue Bond Authorizations › Section 107 - Salt Lake Community College revenue bonds -- Classroom/physical education facility.

53B-22-107.
Salt Lake Community College revenue bonds -- Classroom/physical education facility.
(1) The State Board of Regents, on behalf of Salt Lake Community College, may issue, sell, and deliver revenue bonds or other evidences of indebtedness of Salt Lake Community College to borrow money on the credit of the income and revenues of Salt Lake Community College, other than appropriations of the Legislature, to finance the partial cost of constructing, furnishing, and equipping a classroom/physical education facility.
(2) The bonds or other evidences of indebtedness authorized by this section may not exceed $5,500,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue Bonds, under such terms and conditions and in such amounts as the board, by resolution, determines are reasonable and necessary.
Enacted by Chapter 32, 1991 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 22 - Higher Education Capital Projects › Part 1 - Revenue Bond Authorizations › Section 109 - Salt Lake Community College revenue bonds -- Science/major industry building.

53B-22-109.
Salt Lake Community College revenue bonds -- Science/major industry building.
(1) The State Board of Regents, on behalf of Salt Lake Community College, may issue, sell, and deliver revenue bonds or other evidences of indebtedness of Salt Lake Community College to borrow money on the credit of the income and revenues of Salt Lake Community College, other than appropriations of the Legislature, to finance the partial cost of constructing, furnishing, and equipping a science/major industry building.
(2) The bonds or other evidences of indebtedness authorized by this section may not exceed $5,150,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue Bonds, under terms and conditions and in amounts that the board, by resolution, determines are reasonable and necessary.
Amended by Chapter 209, 1994 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 22 - Higher Education Capital Projects › Part 1 - Revenue Bond Authorizations › Section 111 - Southern Utah University revenue bonds -- Stadium expansion.

53B-22-111.
Southern Utah University revenue bonds -- Stadium expansion.
(1) The State Board of Regents, on behalf of Southern Utah University, may issue, sell, and deliver revenue bonds or other evidences of indebtedness of Southern Utah University to borrow money on the credit of the income and revenues of Southern Utah University, other than appropriations of the Legislature, to finance the phased expansion of the stadium at the university.
(2) The bonds or other evidences of indebtedness authorized by this section may not exceed $5,500,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue Bonds, under terms and conditions and in amounts that the board, by resolution, determines are reasonable and necessary.
Enacted by Chapter 209, 1994 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 22 - Higher Education Capital Projects › Part 1 - Revenue Bond Authorizations › Section 112 - University of Utah revenue bonds -- Biology research building.

53B-22-112.
University of Utah revenue bonds -- Biology research building.
(1) The State Board of Regents, on behalf of the University of Utah, may issue, sell, and deliver revenue bonds or other evidences of indebtedness of the University of Utah to borrow money on the credit of the income and revenues of the University of Utah, other than appropriations of the Legislature, to finance the partial cost of constructing, furnishing, and equipping a biology research building.
(2) The bonds or other evidences of indebtedness authorized by this section may not exceed $21,050,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue Bonds, under terms and conditions and in amounts that the board, by resolution, determines are reasonable and necessary.
Enacted by Chapter 332, 1995 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 22 - Higher Education Capital Projects › Part 1 - Revenue Bond Authorizations › Section 113 - University of Utah revenue bonds -- Robert L. Rice Stadium renovation and expansion.

53B-22-113.
University of Utah revenue bonds -- Robert L. Rice Stadium renovation and expansion.
(1) The State Board of Regents, on behalf of the University of Utah, may issue, sell, and deliver revenue bonds or other evidences of indebtedness of the University of Utah to borrow money on the credit of the income and revenues of the University of Utah, other than appropriations of the Legislature, to finance the partial cost of constructing, furnishing, and equipping a renovation and expansion of the Robert L. Rice Stadium.
(2) The bonds or other evidences of indebtedness authorized by this section may not exceed $12,000,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue Bonds, under terms and conditions and in amounts that the board, by resolution, determines are reasonable and necessary.
Enacted by Chapter 332, 1995 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 22 - Higher Education Capital Projects › Part 1 - Revenue Bond Authorizations › Section 114 - College of Eastern Utah revenue bonds -- Student center.

53B-22-114.
College of Eastern Utah revenue bonds -- Student center.
(1) The State Board of Regents, on behalf of the College of Eastern Utah, may issue, sell, and deliver revenue bonds or other evidences of indebtedness of the College of Eastern Utah to borrow money on the credit of the income and revenues of the College of Eastern Utah, other than appropriations of the Legislature, to finance the partial cost of constructing, furnishing, and equipping a student center.
(2) The bonds or other evidences of indebtedness authorized by this section may not exceed $3,300,000 and shall be issued in accordance with Title 53B, Chapter 21, Revenue Bonds, under terms and conditions and in amounts that the board, by resolution, determines are reasonable and necessary.
Enacted by Chapter 332, 1995 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 22 - Higher Education Capital Projects › Part 2 - Capital Developments › Section 201 - Definitions.

Effective 7/1/2020
53B-22-201.
Definitions.
As used in this part:
(1) "Capital development" means the same as capital development project, as defined in Section 63A-5b-401.
(2) "Consumer Price Index" means the Consumer Price Index for All Urban Consumers as published by the Bureau of Labor Statistics of the United States Department of Labor.
(3) "Dedicated project" means a capital development project for which state funds from an institution's allocation are requested or used.
(4) "Fund" means the Higher Education Capital Projects Fund created in Section 53B-22-202.
(5) "Institution" means a degree-granting institution.
(6) "Institution's allocation" means the total amount of money in the fund that an institution has been allocated in accordance with Section 53B-22-203.
(7) "Nondedicated project" means a capital development project for which state funds from a source other than an institution's allocation are requested or used.
(8) "State funds" means the same as that term is defined in Section 63A-5b-401.
Amended by Chapter 152, 2020 General Session
Amended by Chapter 365, 2020 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 22 - Higher Education Capital Projects › Part 2 - Capital Developments › Section 202 - Higher Education Capital Projects Fund -- Use of money in fund -- Appropriations to fund -- Administration of fund.

Effective 7/1/2019
53B-22-202.
Higher Education Capital Projects Fund -- Use of money in fund -- Appropriations to fund -- Administration of fund.
(1) There is created a capital projects fund known as the Higher Education Capital Projects Fund.
(2) Subject to appropriation, money in the fund shall be used:
(a) for a dedicated project approved in accordance with Section 53B-22-204; or
(b) to pay debt service in accordance with Subsection (3).
(3) Money in the fund may be used to pay debt service:
(a) on a general obligation bond issued for a capital development project in accordance with Title 63B, Chapter 1a, Master General Obligation Bond Act; and
(b) if the Legislature approves the use by a vote of two-thirds of all members elected to each house.
(4) The fund shall be funded by appropriations.
(5) The fund shall accrue interest, which shall be deposited into the fund.
(6) The Division of Finance shall administer the fund in accordance with this part.
Enacted by Chapter 482, 2019 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 22 - Higher Education Capital Projects › Part 2 - Capital Developments › Section 203 - Fund money -- Institution allocations.

Effective 7/1/2019
53B-22-203.
Fund money -- Institution allocations.
(1)
(a) Based on appropriations to the fund, the board shall annually determine how to allocate among all institutions money that has not been previously allocated to an institution.
(b) The board shall make the determination described in Subsection (1)(a) based on each institution's:
(i) enrollment;
(ii) total performance across the metrics described in Section 53B-7-706;
(iii) projected growth in student population;
(iv) existing square feet per student full-time equivalent;
(v) facility age and condition; and
(vi) utilization of academic space, including off-campus facilities.
(c) On or before August 1, 2019, the board shall establish how the board will determine the amount of money to allocate to an institution, including, for each factor described in Subsection (1)(b):
(i) how the board will measure an institution's fulfillment of the factor; and
(ii) the relative weight assigned to the factor.
(2) On or before May 31 each year, the board shall notify the Division of Finance of the board's determination described in Subsection (1).
(3) The Division of Finance shall:
(a) maintain within the fund separate accounting for each institution's allocation; and
(b) based on the notification described in Subsection (2), add to each institution's allocation the amount of money determined by the board.
Enacted by Chapter 482, 2019 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 23 - Instructional Materials for Students with a Disability Act › Section 102 - Definitions.

53B-23-102.
Definitions.
For purposes of this chapter:
(1)
(a) "Instructional material or materials" means textbooks and other materials written and published primarily for use by students in postsecondary instruction that are required or essential to a student's success in a course of study in which a student with a disability is enrolled. The determination of which materials are "required or essential to student success" shall be made by the instructor of the course in consultation with the official making the request pursuant to Section 53B-23-103 in accordance with rules issued pursuant to Section 53B-23-106.
(b) "Instructional material or materials" does not include nontextual mathematics and science materials until the time software becomes commercially available that permits the conversion of existing electronic files of the materials into a format that is compatible with braille translation software or alternative media for students with disabilities.
(2) "Printed instructional material or materials" means instructional material or materials in book or other printed form.
(3) "Nonprinted instructional materials" means instructional materials in formats other than print, and includes instructional materials that require the availability of electronic equipment in order to be used as a learning resource, including software programs, video disks, and video and audio tapes.
(4) "State institution of higher education" means an institution listed in Section 53B-2-101.
(5) "Specialized format" means braille, audio, or digital text that is exclusively for use by blind or other persons with disabilities.
(6)
(a) "Structural integrity" means all of the printed instructional material, including the text of the material, sidebars, the table of contents, chapter headings and subheadings, footnotes, indexes, glossaries, and bibliographies.
(b) "Structural integrity" need not include nontextual elements such as pictures, illustrations, graphs, or charts.
Enacted by Chapter 301, 2006 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 23 - Instructional Materials for Students with a Disability Act › Section 104 - Centers for processing requests for electronic versions of instructional materials.

Effective 7/1/2020
53B-23-104.
Centers for processing requests for electronic versions of instructional materials.
(1) The board may establish one or more centers to process requests for electronic versions of instructional materials pursuant to this chapter.
(2) The institutions designated as within the jurisdiction of a center shall submit requests for instructional material to the center, which shall transmit the request to the publisher or manufacturer.
(3) If there is more than one center, each center shall make every effort to coordinate requests.
(4) The publisher or manufacturer of instructional material shall be required to honor and respond to only those requests submitted through a designated center.
(5) If a publisher or manufacturer has responded to a request for instructional materials by a center, all subsequent requests for those instructional materials shall be satisfied by the center to which the request is made.
Amended by Chapter 365, 2020 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 23 - Instructional Materials for Students with a Disability Act › Section 105 - Infringement of copyright laws not authorized.

53B-23-105.
Infringement of copyright laws not authorized.
Nothing in this chapter shall be considered to authorize any use of instructional materials that would constitute an infringement of copyright under the Copyright Revision Act of 1976, as amended, 17 U.S.C. Sec. 101 et seq.
Enacted by Chapter 301, 2006 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 23 - Instructional Materials for Students with a Disability Act › Section 106 - Board to make rules.

Effective 7/1/2020
53B-23-106.
Board to make rules.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board shall make rules consistent with this section for its implementation and administration, including rules addressing:
(1) the designation of materials considered "required or essential to student success";
(2) the determination of the availability of technology for the conversion of nonprinted materials pursuant to Section 53B-23-103 and the conversion of mathematics and science materials pursuant to Section 53B-23-102; and
(3) the procedures and standards relating to distribution of files and materials pursuant to Section 53B-23-103.
Amended by Chapter 365, 2020 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 25 - Internet Postsecondary Institution Privacy Act › Part 1 - General Provisions › Section 102 - Definitions.

53B-25-102.
Definitions.
As used in this chapter:
(1)
(a) "Personal Internet account" means an online account that is used by a student or prospective student exclusively for personal communications unrelated to any purpose of the postsecondary institution.
(b) "Personal Internet account" does not include an account created, maintained, used, or accessed by a student or prospective student for education related communications or for an educational purpose of the postsecondary institution.
(2) "Postsecondary institution" means an institution that provides educational services offered primarily to persons who have completed or terminated their secondary or high school education or who are beyond the age of compulsory school attendance.
Enacted by Chapter 94, 2013 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 25 - Internet Postsecondary Institution Privacy Act › Part 2 - Prohibited and Permitted Activities › Section 201 - Prohibited activities.

53B-25-201.
Prohibited activities.
A postsecondary institution may not do any of the following:
(1) request a student or prospective student to disclose a username and password, or a password that allows access to the student's or prospective student's personal Internet account; or
(2) expel, discipline, fail to admit, or otherwise penalize a student or prospective student for failure to disclose information specified in Subsection (1).
Enacted by Chapter 94, 2013 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 25 - Internet Postsecondary Institution Privacy Act › Part 2 - Prohibited and Permitted Activities › Section 202 - Permitted activities.

53B-25-202.
Permitted activities.
(1) This chapter does not prohibit a postsecondary institution from requesting or requiring a student to disclose a username or password to gain access to or operate the following:
(a) an electronic communications device supplied by or paid for in whole or in part by the postsecondary institution; or
(b) an account or service provided by the postsecondary institution that is either obtained by virtue of the student's admission to the postsecondary institution or used by the student for educational purposes.
(2) This chapter does not prohibit or restrict a postsecondary institution from viewing, accessing, or using information about a student or prospective student that can be obtained without the information described in Subsection 53B-25-201(1) or that is available in the public domain.
Enacted by Chapter 94, 2013 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 25 - Internet Postsecondary Institution Privacy Act › Part 2 - Prohibited and Permitted Activities › Section 203 - Duties not created.

53B-25-203.
Duties not created.
(1) This chapter does not create a duty for a postsecondary institution to search or monitor the activity of a personal Internet account.
(2) A postsecondary institution is not liable under this chapter for failure to request or require that a student or prospective student grant access to, allow observation of, or disclose information that allows access to or observation of the student's or prospective student's personal Internet account.
Enacted by Chapter 94, 2013 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 25 - Internet Postsecondary Institution Privacy Act › Part 3 - Remedy › Section 301 - Private right of action.

53B-25-301.
Private right of action.
(1) A person aggrieved by a violation of this chapter may bring a civil cause of action against a postsecondary institution in a court of competent jurisdiction.
(2) In an action brought under Subsection (1), if the court finds a violation of this chapter, the court shall award the aggrieved person not more than $500.
Enacted by Chapter 94, 2013 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 26 - Strategic Workforce Investment › Part 2 - Nursing Initiative › Section 201 - Definitions.

Effective 5/8/2018
53B-26-201.
Definitions.
As used in this part:
(1) "Eligible program" means a program that:
(a) prepares an individual for a nursing profession;
(b) is an approved education program, as defined in Section 58-31b-102; and
(c) is offered by an institution.
(2) "Full-time" means:
(a) for an institution described in Subsection 53B-1-102(1)(a), the number of credit hours the board determines is full-time enrollment for a student; or
(b) for an institution described in Subsection 53B-1-102(1)(b), 900 membership hours.
(3) "Institution" means an institution of higher education described in Section 53B-1-102.
(4) "License classification" means a classification applied to a nursing license described in Section 58-31b-301.
(5) "Nursing profession" means a profession for which an individual is required to be licensed under Title 58, Chapter 31b, Nurse Practice Act.
(6) "Region" means an economic service area described in Section 35A-2-101.
(7) "Program of instruction" means the same as that term is defined in Section 53B-16-102.
Enacted by Chapter 354, 2018 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 26 - Strategic Workforce Investment › Part 2 - Nursing Initiative › Section 202 - Nursing initiative -- Reporting requirements -- Proposals -- Funding.

Effective 5/3/2023
53B-26-202.
Nursing initiative -- Reporting requirements -- Proposals -- Funding.
(1) Every even-numbered year, the Utah Health Workforce Information Center created in Section 26B-4-705 shall:
(a) project the demand, by license classification, for individuals to enter a nursing profession in each region;
(b) receive input from at least one medical association in developing the projections described in Subsection (1)(a); and
(c) report the projections described in Subsection (1)(a) to:
(i) the board; and
(ii) the Higher Education Appropriations Subcommittee.
(2) To receive funding under this section, on or before January 5, an eligible program shall submit to the Higher Education Appropriations Subcommittee, through the budget process for the board, as applicable, a proposal that describes:
(a) a program of instruction offered by the eligible program that is responsive to a projection described in Subsection (1)(a);
(b) the following information about the eligible program:
(i) expected student enrollment;
(ii) attainment rates;
(iii) job placement rates; and
(iv) passage rates for exams required for licensure for a nursing profession;
(c) the instructional cost per full-time equivalent student enrolled in the eligible program;
(d) financial or in-kind contributions to the eligible program from:
(i) the health care industry; or
(ii) an institution; and
(e) a funding request, including justification for the request.
(3) The Higher Education Appropriations Subcommittee shall:
(a) review a proposal submitted under this section using the following criteria:
(i) the proposal:
(A) contains the elements described in Subsection (2);
(B) expands the capacity to meet the projected demand described in Subsection (1)(a); and
(C) has health care industry or institution support; and
(ii) the program of instruction described in the proposal:
(A) is cost effective;
(B) has support from the health care industry or an institution; and
(C) has high passage rates on exams required for licensure for a nursing profession;
(b) determine the extent to which to fund the proposal; and
(c) make an appropriation recommendation to the Legislature on the amount of money determined under Subsection (3)(b) to the eligible program's institution.
(4) An institution that receives funding under this section shall use the funding to increase the number of students enrolled in the eligible program for which the institution receives funding.
(5) On or before November 1 of each year, the board shall report to the Higher Education Appropriations Subcommittee on the elements described in Subsection (2) for each eligible program funded under this section.
Amended by Chapter 328, 2023 General Session