reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53 - Public Safety Code › Chapter 23 - Reporting Requirements for Reverse-Location Warrants › Section 101 - Reporting requirements for reverse-location warrants.

Effective 5/3/2023
53-23-101.
Reporting requirements for reverse-location warrants.
(1) As used in this section:
(a) "Anonymized" means the same as that term is defined in Section 77-23f-101.
(b) "Commission" means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201.
(c) "Electronic device" means the same as that term is defined in Section 77-23f-101.
(d) "Law enforcement agency" means the same as that term is defined in Section 77-23c-101.2.
(e) "Reverse-location information" means the same as that term is defined in Section 77-23f-101.
(f) "Reverse-location warrant" means a warrant seeking reverse-location information under Section 77-23f-102, 77-23f-103, or 77-23f-104.
(2)
(a) Beginning January 1, 2024, a law enforcement agency shall annually on or before April 30 submit a report to the commission with the following data for the previous calendar year:
(i) the number of reverse-location warrants requested by the law enforcement agency under Section 77-23f-102, 77-23f-103, or 77-23f-104;
(ii) the number of reverse-location warrants that a court or magistrate granted after a request described in Subsection (2)(a)(i);
(iii) the number of investigations that used information obtained under a reverse-location warrant to investigate a crime that was not the subject of the reverse-location warrant;
(iv) the number of times reverse-location information was obtained under an exception listed in Section 77-23f-106;
(v) the warrant identification number for each warrant described under Subsection (2)(a)(ii) or (iii); and
(vi) the number of electronic devices for which anonymized electronic device data was obtained under each reverse-location warrant described under Subsection (2)(a)(ii).
(b) A law enforcement agency shall compile the report described in Subsection (2)(a) for each year in the standardized format developed by the commission under Subsection (4).
(3) If a reverse-location warrant is requested by a multijurisdictional team of law enforcement officers, the reporting requirement in this section is the responsibility of the commanding agency or governing authority of the multijurisdictional team.
(4) The commission shall:
(a) develop a standardized format for reporting the data described in Subsection (2);
(b) compile the data submitted under Subsection (2); and
(c) annually on or before August 1, publish on the commission's website a report of the data described in Subsection (2).
Enacted by Chapter 382, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in HB 61, Chapter 383, HB297, Chapter 158, HB 511, Chapter 427, SB 148, Chapter 456, and SB 156, Chapter 500.
2023 Utah Code › Title 53 - Public Safety Code › Chapter 24 - Sexual Assault Offense Policy and Reporting Requirements › Section 101 - Sexual assault offense policy and public information requirements for law enforcement agencies.

Effective 5/3/2023
53-24-101.
Sexual assault offense policy and public information requirements for law enforcement agencies.
(1)
(a) Beginning January 1, 2024, a law enforcement agency shall create and maintain a policy regarding the law enforcement agency's processes for handling sexual assault investigations.
(b) A policy described under Subsection (1)(a) shall include current best practices for handling sexual assault investigations, including:
(i) protocols and training on responses to sexual trauma;
(ii) emergency response procedures, including prompt contact with the victim and the preservation of evidence; and
(iii) referrals to sexual assault support services.
(c) A law enforcement agency shall publicly post on the law enforcement agency's website the policy described in Subsection (1)(a).
(2) Beginning January 1, 2024, a law enforcement agency shall create and publicly post on the law enforcement agency's website a guide for victims of sexual assault that includes:
(a) a description of the law enforcement agency's processes for handling sexual assault investigations;
(b) contact information for victims of sexual assault to obtain more information from the law enforcement agency; and
(c) referral information for sexual assault victim support services.
Enacted by Chapter 158, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in HB 57, Chapter 382, HB 61, Chapter 383, HB 511, Chapter 427, SB 148, Chapter 456, and SB 156, Chapter 500.
2023 Utah Code › Title 53 - Public Safety Code › Chapter 24 - Sexual Assault Offense Policy and Reporting Requirements › Section 102 - Sexual assault offense reporting requirements for law enforcement agencies.

Effective 5/3/2023
53-24-102.
Sexual assault offense reporting requirements for law enforcement agencies.
(1) As used in this section:
(a) "Commission" means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201.
(b) "Sexual assault offense" means:
(i) rape, Section 76-5-402;
(ii) rape of a child, Section 76-5-402.1;
(iii) object rape, Section 76-5-402.2;
(iv) object rape of a child, Section 76-5-402.3;
(v) forcible sodomy, Section 76-5-403;
(vi) sodomy on a child, Section 76-5-403.1;
(vii) forcible sexual abuse, Section 76-5-404;
(viii) sexual abuse of a child, Section 76-5-404.1;
(ix) aggravated sexual abuse of a child, Section 76-5-404.3;
(x) aggravated sexual assault, Section 76-5-405; or
(xi) sexual battery, Section 76-9-702.1.
(2)
(a) Beginning January 1, 2025, a law enforcement agency shall annually, on or before April 30, submit a report to the commission for the previous calendar year containing the number of each type of sexual assault offense that:
(i) was reported to the law enforcement agency;
(ii) was investigated by a detective; and
(iii) was referred to a prosecutor for prosecution.
(b) A law enforcement agency shall:
(i) compile the report described in Subsection (2)(a) for each calendar year in the standardized format developed by the commission under Subsection (3); and
(ii) publicly post the information reported in Subsection (2)(a) on the law enforcement agency's website.
(3) The commission shall:
(a) develop a standardized format for reporting the data described in Subsection (2);
(b) compile the data submitted under Subsection (2); and
(c) annually on or before August 1, publish a report of the data described in Subsection (2) on the commission's website.
Enacted by Chapter 158, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in HB 61, Chapter 383, and SB 148, Chapter 456.
2023 Utah Code › Title 53 - Public Safety Code › Chapter 24 - Sexual Assault Offense Policy and Reporting Requirements › Section 103 - Exemption.

Effective 5/3/2023
53-24-103.
Exemption.
The provisions of this chapter do not apply to a law enforcement agency created under Section 41-3-104.
Enacted by Chapter 158, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in HB 61, Chapter 383.
2023 Utah Code › Title 53 - Public Safety Code › Chapter 25 - Law Enforcement Requirements › Section 101 - Prohibition on disclosure of identity of minor homicide victim.

Effective 5/3/2023
53-25-101.
Prohibition on disclosure of identity of minor homicide victim.
(1) As used in this section:
(a) "Criminal homicide" means the same as that term is defined in Section 76-5-201.
(b) "Media outlet" means a bona fide newspaper, magazine, or broadcast media enterprise, whether conducted on a for-profit or nonprofit basis, engaged in the business of providing news and information to the general public.
(c) "Minor victim" means the victim of a criminal homicide if the victim is younger than 18 years old.
(d) "Parent or legal guardian" does not include an individual who is a suspect or defendant with respect to the criminal homicide.
(2) A law enforcement agency and law enforcement officer may not disclose to a representative of a media outlet the name or other personally identifying information of a minor victim until the law enforcement agency or law enforcement officer has made a reasonable effort to obtain the consent of the minor victim's parent or legal guardian for the disclosure.
Enacted by Chapter 427, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in HB 57, Chapter 382, HB 61, Chapter 383, HB 297, Chapter 158, SB 148, Chapter 456, and SB 156, Chapter 500.
2023 Utah Code › Title 53 - Public Safety Code › Chapter 26 - Reporting Requirements for Genetic Genealogy Database Utilizations › Section 101 - Law enforcement reporting requirements for genetic genealogy database utilizations -- Report.

Effective 5/3/2023
53-26-101.
Law enforcement reporting requirements for genetic genealogy database utilizations -- Report.
(1) As used in this section:
(a) "Commission" means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201.
(b) "Genetic genealogy database utilization" means the same as that term is defined in Section 53-10-403.7.
(c) "Law enforcement agency" means the same as that term is defined in Section 53-1-102.
(d) "Qualifying case" means the same as that term is defined in Section 53-10-403.7.
(2)
(a) Beginning on January 1, 2024, a law enforcement agency shall annually on or before April 30 submit a report to the commission with the following data for the previous calendar year:
(i) the number of genetic genealogy database utilizations requested by the law enforcement agency under Section 53-10-403.7; and
(ii) for each utilization described in Subsection (2)(a)(i):
(A) if applicable, the type of qualifying case;
(B) for a criminal investigation, the alleged offense;
(C) whether the case was a cold case, as that term is defined in Section 53-10-115, at the time of the request for the utilization; and
(D) whether the results of the utilization revealed the identity of the owner of the DNA specimen.
(b) A law enforcement agency shall compile the report described in Subsection (2)(a) for each year in the standardized format developed by the commission under Subsection (4).
(3) If a genetic genealogy database utilization is requested by a multijurisdictional team of law enforcement officers, the reporting requirement in this section is the responsibility of the commanding agency or governing authority of the multijurisdictional team.
(4) The commission shall:
(a) develop a standardized format for reporting the data described in Subsection (2);
(b) compile the data submitted under Subsection (2), including the number of genetic genealogy database utilizations requested by each reporting law enforcement agency; and
(c) annually on or before August 1, publish a report of the data described in Subsection (2) on the commission's website.
Enacted by Chapter 500, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in HB 57, Chapter 382, HB 61, Chapter 383, HB 297, Chapter 158, HB 511, Chapter 427, and SB 148, Chapter 456.
2023 Utah Code › Title 53 - Public Safety Code › Chapter 27 - Invisible Condition Alert Program › Section 101 - Definitions.

Effective 7/1/2023
53-27-101.
Definitions.
As used in this chapter:
(1) "Authorized guardian" means the same as that term is defined in Section 53-3-207.
(2) "Dispatcher" means the same as that term is defined in Section 53-6-102.
(3) "First responder" means the same as that term is defined in Section 53-3-207.
(4) "Health care professional" means the same as that term is defined in Section 53-3-207.
(5) "Invisible condition" means the same as that term is defined in Section 53-3-207.
(6) "Invisible condition alert program" means the voluntary disclosure of an invisible condition in accordance with Section 53-27-102 or Subsection 41-1a-213(6), 53-3-207(4), or 53-3-805(5).
Enacted by Chapter 456, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in HB 57, Chapter 382, HB 61, Chapter 383, HB 297, Chapter 158, HB 511, Chapter 427, and SB 156, Chapter 500.
2023 Utah Code › Title 53 - Public Safety Code › Chapter 27 - Invisible Condition Alert Program › Section 102 - Invisible condition alert program -- Access to information -- Outreach -- Administrative rulemaking.

Effective 7/1/2023
53-27-102.
Invisible condition alert program -- Access to information -- Outreach -- Administrative rulemaking.
(1) If an individual or an individual's authorized guardian elects to disclose the individual's invisible condition to the individual's local law enforcement agency in accordance with the invisible condition alert program, the department shall provide the individual or the individual's authorized guardian with:
(a) a form that contains the information described in Subsection 53-3-207(4) or 53-3-805(5); and
(b) instructions on how the individual or the individual's authorized guardian may submit the form described in Subsection (1)(a) to the individual's local law enforcement agency.
(2) Upon receipt of a completed form described in Subsection (1)(a), a local law enforcement agency shall enter information into the law enforcement agency's record management system or computer-aided dispatch system regarding the individual's election to disclose the individual's invisible condition, including the individual's:
(a) name;
(b) residence; and
(c) invisible condition as reported by the individual and verified by the individual's health care professional.
(3) A local law enforcement agency shall ensure that the information described in Subsection (2) is readily available to a dispatcher when the dispatcher receives a report concerning the name or the address of an individual with an invisible condition who has been entered into the local law enforcement agency's record management system or computer-aided dispatch system.
(4)
(a) Within 30 days after the day on which a local law enforcement agency receives an individual's or an individual's authorized guardian's written request, the local law enforcement agency shall remove the information regarding the individual's invisible condition from the local law enforcement agency's record management system or computer-aided dispatch system.
(b) If a local law enforcement agency becomes aware that the individual described in Subsection (2) has permanently moved from the individual's residence described in Subsection (2), the local law enforcement agency may remove the information regarding the individual's invisible condition from the local law enforcement agency's record management system or computer-aided dispatch system.
(5) The department shall prepare outreach materials concerning the invisible condition alert program in coordination with the Department of Health and Human Services as described in Section 26B-7-120.
(6) The department may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to establish procedures for implementing this section.
Enacted by Chapter 456, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in HB 61, Chapter 383, and HB 297, Chapter 158.
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 1 - Governance, Powers, Rights, and Responsibilities › Part 1 - General Provision › Section 101.5 - Definitions.

Effective 7/1/2023
53B-1-101.5.
Definitions.
As used in this title:
(1)
(a) "Academic education" means an educational program that is offered by a degree-granting institution.
(b) "Academic education" does not include technical education.
(2) "Board" means the Utah Board of Higher Education described in Section 53B-1-402.
(3) "Career and technical education" means an educational program that:
(a) is designed to meet industry needs;
(b) leads to:
(i) a certificate; or
(ii) a degree; and
(c) may qualify for funding under the Carl D. Perkins Career and Technical Education Improvement Act of 2006, 20 U.S.C. 2301 et seq.
(4) "Commissioner" means the commissioner of higher education appointed in accordance with Section 53B-1-408.
(5) "Degree-granting institution of higher education" or "degree-granting institution" means an institution of higher education described in Subsection 53B-1-102(1)(a).
(6) "Institution board of trustees" means:
(a) an institution of higher education board of trustees described in Section 53B-2-103; or
(b) a technical college board of trustees described in Section 53B-2a-108.
(7) "Technical college" means an institution of higher education described in Subsection 53B-1-102(1)(b).
(8)
(a) "Technical education" means career and technical education that:
(i) leads to a certificate; or
(ii) is short-term training.
(b) "Technical education" does not include general education.
Amended by Chapter 254, 2023 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 1 - Governance, Powers, Rights, and Responsibilities › Part 1 - General Provision › Section 101.8 - Health insurance mandates.

53B-1-101.8.
Health insurance mandates.
An institution of higher education shall include in a health plan it offers to its employees insurance mandates in accordance with Section 31A-22-605.5.
Enacted by Chapter 127, 2012 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 1 - Governance, Powers, Rights, and Responsibilities › Part 1 - General Provision › Section 102 - Utah system of higher education.

Effective 7/1/2022
53B-1-102.
Utah system of higher education.
(1) The Utah system of higher education consists of the following institutions:
(a) degree-granting institutions, which are:
(i) the University of Utah;
(ii) Utah State University;
(iii) Weber State University;
(iv) Southern Utah University;
(v) Snow College;
(vi) Utah Tech University;
(vii) Utah Valley University; and
(viii) Salt Lake Community College;
(b) technical colleges, which are:
(i) Bridgerland Technical College;
(ii) Davis Technical College;
(iii) Dixie Technical College;
(iv) Mountainland Technical College;
(v) Ogden-Weber Technical College;
(vi) Southwest Technical College;
(vii) Tooele Technical College; and
(viii) Uintah Basin Technical College;
(c) the Utah Board of Higher Education; and
(d) other public post-high school educational institutions as the Legislature may designate.
(2) A change in the name of an institution within the Utah system of higher education is not a change in the role or mission of the institution, unless otherwise authorized by the board.
(3) It is not the intent of the Legislature to increase the number of research universities in the state beyond the University of Utah and Utah State University.
(4) An institution or board described in Subsection (1) is empowered to sue and be sued and to contract and be contracted with.
Amended by Chapter 1, 2021 Special Session 2
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 1 - Governance, Powers, Rights, and Responsibilities › Part 1 - General Provision › Section 108 - Board succeeds to rights and duties of predecessor board and council.

53B-1-108.
Board succeeds to rights and duties of predecessor board and council.
The board is the successor to and is vested with all rights, duties, obligations, and liabilities to which its predecessor governing boards and the Coordinating Council of Higher Education were subject, except as otherwise provided by law.
Enacted by Chapter 167, 1987 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 1 - Governance, Powers, Rights, and Responsibilities › Part 1 - General Provision › Section 109 - Coordination of higher education and public education information technology systems -- Use of unique student identifier.

Effective 7/1/2022
53B-1-109.
Coordination of higher education and public education information technology systems -- Use of unique student identifier.
(1) As used in this section:
(a) "Center" means the Utah Data Research Center created in Section 53B-33-201.
(b) "Institution of higher education" means an institution of higher education described in Section 53B-1-102.
(c) "Unique student identifier" means the same as that term is defined in Section 53E-4-308.
(2) The board and State Board of Education, in collaboration with the center, shall:
(a) coordinate public education and higher education information technology systems to allow individual student academic achievement to be tracked through both education systems in accordance with this section and Section 53E-4-308; and
(b) coordinate access to the unique student identifier of a public education student who later attends an institution of higher education.
(3) Information technology systems used at an institution of higher education shall use the unique student identifier of all students who have previously been assigned a unique student identifier.
Amended by Chapter 461, 2022 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 1 - Governance, Powers, Rights, and Responsibilities › Part 1 - General Provision › Section 111 - Organ donation notification.

Effective 5/3/2023
53B-1-111.
Organ donation notification.
(1) As used in this section:
(a) "Donor" means the same as that term is defined in Section 26B-4-137.
(b) "Donor registry" means the same as that term is defined in Section 26B-4-137.
(c) "Institution of higher education" means an institution as described in Section 53B-3-102.
(2)
(a) An institution of higher education shall distribute, twice each academic year to each enrolled student:
(i) an electronic message notifying each student of the option to register as a donor by selecting the Internet link described in Subsection (2)(a)(ii); and
(ii) through the electronic message described in Subsection (2)(a)(i) an Internet link to a website for a donor registry established under Section 26B-8-319.
(b) An institution of higher education may also provide to students information on donor registry by other electronic, printed, or in-person means.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 1 - Governance, Powers, Rights, and Responsibilities › Part 1 - General Provision › Section 113 - Education loan notifications.

Effective 5/14/2019
53B-1-113.
Education loan notifications.
(1) As used in this section:
(a) "Borrower" means:
(i) an individual enrolled in an eligible postsecondary institution who receives an education loan; or
(ii) an individual, including a parent or legal guardian, who receives an education loan to fund education expenses of an individual enrolled in an eligible postsecondary institution.
(b) "Education loan" means a loan made to a borrower that is:
(i) made directly by a federal or state program; or
(ii) insured or guaranteed under a federal or state program.
(c) "Eligible postsecondary institution" means a public or private postsecondary institution that:
(i) is located in Utah; and
(ii) participates in federal student assistance programs under the Higher Education Act of 1965, Title IV, 20 U.S.C. Sec. 1070 et seq.
(2) Annually, on or before July 1, an eligible postsecondary institution that receives information about a borrower's education loan shall:
(a) notify the borrower that the borrower has an education loan;
(b) direct the borrower to the National Student Loan Data System described in 20 U.S.C. Sec. 1092b to receive information about the borrower's education loan; and
(c) provide the borrower information on how the borrower can access an online repayment calculator.
(3) An eligible postsecondary institution does not incur liability for information provided to a borrower in accordance with this section.
Amended by Chapter 324, 2019 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 1 - Governance, Powers, Rights, and Responsibilities › Part 2 - Disclosure of Foreign Gifts › Section 201 - Definitions.

Effective 5/4/2022
53B-1-201.
Definitions.
As used in this part:
(1) "Conditional gift" means a gift as defined in Subsection (4) that is subject to conditions:
(a) imposed, requested, or provided by a foreign government or foreign person; and
(b) that relate to:
(i) what kinds of teachers or students may benefit from the gift; or
(ii) a description of the subject matter to be taught with the support of the gift.
(2) "Foreign government" means a government other than the government of:
(a) the United States;
(b) a state within the United States;
(c) a territory or possession of the United States; or
(d) a political subdivision of the United States.
(3) "Foreign person" means:
(a) a foreign government defined in Subsection (2);
(b) an individual who is not a citizen or national of the United States or of a territory or protectorate of the United States;
(c) a corporation, partnership, joint venture, proprietorship, trust, association, or other entity that is created or organized under the laws of a foreign government or that has its principal place of business located outside the United States;
(d) if known by the higher education institution, a corporation, partnership, joint venture, proprietorship, trust, association, or other entity that is created or organized pursuant to the laws of the United States or a state within the United States, if a majority of the stock or other equity interest is directly or indirectly owned by, or which derives a majority of its funding from:
(i) a foreign government;
(ii) an individual described in Subsection (3)(b); or
(iii) an entity described in Subsection (3)(c) or (d); or
(e) if known by the higher education institution, a committee or other group in which a majority of the membership is composed of:
(i) a foreign government;
(ii) an individual described in Subsection (3)(b); or
(iii) an entity described in Subsection (3)(c) or (d).
(4) "Gift" means an endowment, scholarship, gift, donation, or grant of money or property of any kind.
(5) "Higher education institution" means an institution in the state system of higher education as defined in Section 53B-1-102.
(6) "Restricted foreign entity" means:
(a) a company that the United States Secretary of Defense is required to list as a military company under the requirements of federal national defense authorization acts;
(b) any affiliate of a company described in Subsection (6)(a);
(c) the country with a commercial or defense industrial base of which a company described in Subsection (6)(a) is a part; or
(d) any subsidiary of a company described in Subsection (6)(a) or a country described in Subsection (6)(c).
Amended by Chapter 368, 2022 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 1 - Governance, Powers, Rights, and Responsibilities › Part 3 - Reports › Section 301 - Reports to and actions of the Higher Education Appropriations Subcommittee.

Effective 7/1/2023
53B-1-301.
Reports to and actions of the Higher Education Appropriations Subcommittee.
(1) In accordance with applicable provisions and Section 68-3-14, the following recurring reports are due to the Higher Education Appropriations Subcommittee:
(a) the reports described in Sections 34A-2-202.5, 53B-30-206, and 59-9-102.5 by the Rocky Mountain Center for Occupational and Environmental Health;
(b) the report described in Section 53B-7-101 by the board on recommended appropriations for higher education institutions, including the report described in Section 53B-8-104 by the board on the effects of offering nonresident partial tuition scholarships;
(c) the report described in Section 53B-7-704 by the Department of Workforce Services and the Governor's Office of Economic Opportunity on targeted jobs;
(d) the reports described in Section 53B-7-705 by the board on performance;
(e) the report described in Section 53B-8-201 by the board on the Opportunity Scholarship Program;
(f) the report described in Section 53B-8d-104 by the Division of Child and Family Services on tuition waivers for wards of the state;
(g) the report described in Section 53B-13a-103 by the board on the Utah Promise Program;
(h) the report described in Section 53B-17-201 by the University of Utah regarding the Miners' Hospital for Disabled Miners;
(i) the report described in Section 53B-26-202 by the Medical Education Council on projected demand for nursing professionals;
(j) the report described in Section 53B-35-202 regarding the Higher Education and Corrections Council; and
(k) the report described in Section 53E-10-308 by the State Board of Education and board on student participation in the concurrent enrollment program.
(2) In accordance with applicable provisions and Section 68-3-14, the following occasional reports are due to the Higher Education Appropriations Subcommittee:
(a) upon request, the information described in Section 53B-8a-111 submitted by the Utah Educational Savings Plan;
(b) a proposal described in Section 53B-26-202 by an eligible program to respond to projected demand for nursing professionals; and
(c) a report in 2023 from Utah Valley University and the Utah Fire Prevention Board on the fire and rescue training program described in Section 53B-29-202.
(3) In accordance with applicable provisions, the Higher Education Appropriations Subcommittee shall complete the following:
(a) as required by Section 53B-7-703, the review of performance funding described in Section 53B-7-703;
(b) an appropriation recommendation described in Section 53B-26-202 to fund a proposal responding to projected demand for nursing professionals; and
(c) review of the report described in Section 63B-10-301 by the University of Utah on the status of a bond and bond payments specified in Section 63B-10-301.
Amended by Chapter 374, 2023 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 1 - Governance, Powers, Rights, and Responsibilities › Part 4 - Utah Board of Higher Education › Section 401 - Definitions.

Effective 7/1/2023
53B-1-401.
Definitions.
As used in this part:
(1) "Board" means the Utah Board of Higher Education described in Section 53B-1-402.
(2) "Institution of higher education" or "institution" means an institution of higher education described in Section 53B-1-102.
(3) "Miscarriage" means the spontaneous or accidental loss of a fetus, regardless of gestational age or the duration of the pregnancy.
Amended by Chapter 254, 2023 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 1 - Governance, Powers, Rights, and Responsibilities › Part 4 - Utah Board of Higher Education › Section 403 - Committees.

Effective 7/1/2023
53B-1-403.
Committees.
The board may form committees to support the board in fulfilling the board's duties.
Amended by Chapter 254, 2023 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 1 - Governance, Powers, Rights, and Responsibilities › Part 4 - Utah Board of Higher Education › Section 405 - Qualifications for board members.

Effective 7/1/2020
53B-1-405.
Qualifications for board members.
(1) The board shall develop qualifications for the composition of the board to ensure that combined, the board members have:
(a) a range of experience, including experience in industry;
(b) varied areas of expertise; and
(c) varied geographic representation.
(2) In developing the qualifications, the board shall consider:
(a) expertise in:
(i) business or industry;
(ii) technical education;
(iii) general education; and
(iv) advanced education and research;
(b) geographic representation; and
(c) knowledge or experience in a field including:
(i) finance;
(ii) accounting or auditing;
(iii) law;
(iv) facilities or real estate;
(v) educational delivery models;
(vi) workforce development;
(vii) economic development;
(viii) kindergarten through grade 12 education; and
(ix) educational quality assessment.
(3) The board shall consult with the governor to develop the qualifications described in this section.
Enacted by Chapter 365, 2020 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 1 - Governance, Powers, Rights, and Responsibilities › Part 4 - Utah Board of Higher Education › Section 408 - Appointment of commissioner of higher education -- Qualifications -- Associate commissioners -- Duties -- Office.

Effective 7/1/2023
53B-1-408.
Appointment of commissioner of higher education -- Qualifications -- Associate commissioners -- Duties -- Office.
(1)
(a) The board, upon approval from the governor and with the advice and consent of the Senate, shall appoint a commissioner of higher education to serve at the board's pleasure as the board's chief executive officer.
(b) The following may terminate the commissioner:
(i) the board; or
(ii) the governor, after consultation with the board.
(c) The board shall:
(i) set the salary of the commissioner;
(ii) subject to Subsection (3), prescribe the duties and functions of the commissioner; and
(iii) select a commissioner on the basis of outstanding professional qualifications.
(2)
(a) The commissioner may appoint associate commissioners.
(b) An associate commissioner described in Subsection (2)(a) is not subject to the approval of the board.
(3) The commissioner is responsible to the board to:
(a) ensure the proper execution of the policies, programs, and strategic plan of the board;
(b) furnish information about the Utah system of higher education and make recommendations regarding that information to the board;
(c) provide state-level leadership in any activity affecting an institution of higher education;
(d) in consultation with the board's executive committee and in accordance with Subsection 53B-1-402(2), evaluate and provide support and guidance to an institution of higher education president; and
(e) perform other duties the board assigns in carrying out the board's duties and responsibilities.
Amended by Chapter 254, 2023 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 1 - Governance, Powers, Rights, and Responsibilities › Part 4 - Utah Board of Higher Education › Section 409 - Appointment and hiring of staff.

Effective 7/1/2020
53B-1-409.
Appointment and hiring of staff.
(1) The commissioner may appoint and hire a staff of professional, legal, and administrative personnel.
(2) The commissioner shall determine salaries, retirement provisions, and other benefits for the staff described in this section.
Enacted by Chapter 365, 2020 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 1 - Governance, Powers, Rights, and Responsibilities › Part 4 - Utah Board of Higher Education › Section 410 - Utah Board of Higher Education successor to rights and duties.

Effective 7/1/2020
53B-1-410.
Utah Board of Higher Education successor to rights and duties.
(1) The board is the successor to the Utah System of Technical Colleges Board of Trustees.
(2) For the Utah System of Technical Colleges Board of Trustees, the board:
(a) is vested with all rights, titles, privileges, powers, obligations, liabilities, immunities, franchises, endowments, assets, property, and claims;
(b) shall fulfill and perform all obligations, including obligations relating to outstanding bonds and notes; and
(c) may continue an administrative rule.
Enacted by Chapter 365, 2020 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 1 - Governance, Powers, Rights, and Responsibilities › Part 5 - Transition to Utah Board of Higher Education › Section 501 - Establishment of initial board membership in 2023.

Effective 7/1/2023
53B-1-501.
Establishment of initial board membership in 2023.
(1) The governor shall appoint, with the advice and consent of the Senate, individuals to the board, to ensure that beginning July 1, 2023, the board consists of 10 members with new terms in accordance with this section.
(2) Except for the appointment of the student member described in Subsection 53B-1-404(3)(c), the governor shall appoint each individual to a two-year, four-year, or six-year term to ensure that one-third of the members complete the members' terms on June 30 of each odd number year.
(3) Following the appointments described in this section, the governor shall fill a vacancy on the board in accordance with Section 53B-1-404.
(4) Notwithstanding Section 67-1-2, for an appointment described in this section:
(a) a majority of the president of the Senate, the Senate majority leader, and the Senate minority leader may waive the 30-day requirement described in Subsection 67-1-2(2); and
(b) the Senate is not required to hold a confirmation hearing.
Amended by Chapter 250, 2023 General Session
Amended by Chapter 254, 2023 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 2 - Institutions of Higher Education › Section 101 - Institutions of higher education -- Corporate bodies -- Powers.

Effective 7/1/2022
53B-2-101.
Institutions of higher education -- Corporate bodies -- Powers.
(1) The following institutions of higher education are bodies politic and corporate with perpetual succession and with all rights, immunities, and franchises necessary to function as such:
(a) the University of Utah;
(b) Utah State University;
(c) Weber State University;
(d) Southern Utah University;
(e) Snow College;
(f) Utah Tech University;
(g) Utah Valley University;
(h) Salt Lake Community College;
(i) Bridgerland Technical College;
(j) Davis Technical College;
(k) Dixie Technical College;
(l) Mountainland Technical College;
(m) Ogden-Weber Technical College;
(n) Southwest Technical College;
(o) Tooele Technical College; and
(p) Uintah Basin Technical College.
(2)
(a) An institution of higher education may have and use a corporate seal and may, subject to this title, take, hold, lease, sell, and convey real and personal property as the interest of the institution requires.
(b) An institution of higher education is vested with all the property, franchises, and endowments of, and is subject to, all the contracts, obligations, and liabilities of the institution's respective predecessor.
(c)
(i) An institution of higher education may enter into business relationships or dealings with private seed or venture capital entities or partnerships consistent with Utah Constitution Article VI, Section 29, Subsection (2).
(ii) A business dealing or relationship entered into under Subsection (2)(c)(i) does not preclude the private entity or partnership from participating in or receiving benefits from a venture capital program authorized or sanctioned by the laws of this state, unless otherwise precluded by the specific law that authorizes or sanctions the program.
Amended by Chapter 1, 2021 Special Session 2
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 2 - Institutions of Higher Education › Section 103 - Degree-granting institution board of trustees -- Powers and duties.

Effective 5/5/2021
53B-2-103.
Degree-granting institution board of trustees -- Powers and duties.
(1) A degree-granting institution has a board of trustees that may act on behalf of the institution in performing duties, responsibilities, and functions as may be specifically authorized to the board of trustees by the board or by statute.
(2) A board of trustees of a degree-granting institution has the following powers and duties:
(a) to facilitate communication between the institution and the community;
(b) to assist in planning, implementing, and executing fund raising and development projects aimed at supplementing institutional appropriations;
(c) to perpetuate and strengthen alumni and community identification with the degree-granting institution's tradition and goals;
(d) to select recipients of honorary degrees; and
(e) to approve changes to the degree-granting institution's programs, in accordance with Section 53B-16-102.
(3) A board of trustees of a degree-granting institution shall:
(a) approve a strategic plan for the institution of higher education that is aligned with:
(i) state attainment goals;
(ii) workforce needs;
(iii) board goals and metrics described in Section 53B-1-402; and
(iv) the institution of higher education's role, mission, and distinctiveness; and
(b) monitor the institution of higher education's progress toward achieving the strategic plan.
Amended by Chapter 187, 2021 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 2 - Institutions of Higher Education › Section 109 - Notice to local government when constructing student housing.

Effective 5/12/2020
53B-2-109.
Notice to local government when constructing student housing.
(1) Each institution that intends to construct student housing on property owned by the institution shall provide written notice of the intended construction, as provided in Subsection (2), before any funds are committed to the construction, if any of the proposed student housing buildings is within 300 feet of privately owned residential property.
(2) Each notice under Subsection (1) shall be provided to the legislative body and, if applicable, the mayor of:
(a) the county in whose unincorporated area the privately owned residential property is located; or
(b) the municipality in whose boundaries the privately owned residential property is located.
(3)
(a)
(i) Within 21 days after receiving the notice required by Subsection (1), a county or municipality entitled to the notice may submit a written request to the institution for a public hearing on the proposed student housing construction.
(ii) Each county or municipality that submits a written request for a hearing under Subsection (3)(a) shall deliver a copy of the request to the Division of Facilities Construction and Management.
(b) If a county or municipality requests a hearing under Subsection (3)(a), the legislative body of the affected county or municipality and the institution shall jointly hold a public hearing to provide information to the public and to allow the institution and the county or municipality to receive input from the public about the proposed student housing construction.
(c) A public hearing held under Subsection (3)(a) satisfies the public hearing requirement of Subsection 63A-5b-1104(2) for the same proposed student housing construction.
Amended by Chapter 152, 2020 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 2 - Institutions of Higher Education › Section 110 - Utah Valley University -- Institutional name change.

53B-2-110.
Utah Valley University -- Institutional name change.
(1) Beginning July 1, 2008, Utah Valley State College shall be known as Utah Valley University.
(2) The university is a continuation of Utah Valley State College and shall:
(a) possess all rights, title, privileges, powers, immunities, franchises, endowments, property, and claims of the college; and
(b) fulfill and perform all obligations of the college, including obligations relating to outstanding bonds and notes.
Enacted by Chapter 356, 2007 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 2 - Institutions of Higher Education › Section 111 - Utah Tech University -- Institutional name change.

Effective 7/1/2022
53B-2-111.
Utah Tech University -- Institutional name change.
(1) As used in this section:
(a) "Board of trustees" means the board of trustees of Utah Tech University.
(b) "Institution" means Utah Tech University.
(2)
(a) Dixie State University shall be known as Utah Tech University.
(b) Utah Tech University is a continuation of Dixie State College of Utah and Dixie State University and shall:
(i) possess all rights, titles, privileges, powers, immunities, franchises, endowments, property, and claims of Dixie State University and Dixie State College of Utah; and
(ii) fulfill and perform all obligations of Dixie State University and Dixie State College of Utah, including obligations relating to outstanding bonds and notes.
(3) The board of trustees in consultation with the Utah Board of Higher Education shall:
(a) create a committee to recommend a name for the institution; and
(b) ensure that the committee:
(i) represents students, university personnel, community members, and industry leaders in the committee's membership;
(ii) provides opportunity for input from and collaboration with the public, including:
(A) residents of southwestern Utah;
(B) institutional partners; and
(C) university faculty, staff, students, and alumni;
(iii) reviews options for the institution's name; and
(iv) makes recommendations regarding the institution's name to the board of trustees.
(4)
(a) The board of trustees shall:
(i) review the committee's recommendation described in Subsection (3)(b); and
(ii) choose whether to forward a name for the institution to the Utah Board of Higher Education.
(b) Should the board of trustees choose to forward a name for the institution to the Utah Board of Higher Education under Subsection (4)(a), the board of trustees shall ensure that the name:
(i) reflects the institution's mission and significance to the surrounding region and state; and
(ii) enables the institution to compete and be recognized nationally.
(c) Should the board of trustees recommend a name for the institution under Subsection (4)(a), the Utah Board of Higher Education shall vote on whether to approve and recommend the name to the Legislature.
(5) Should the Utah Board of Higher Education and the board of trustees recommend a name for the institution to the Legislature through the process described in Subsections (3) and (4), the Utah Board of Higher Education and the board of trustees shall recommend the name for the institution to the Legislative Management Committee no later than November 1, 2021.
(6)
(a) Except as provided in Subsection (6)(b), the board of trustees shall designate the institution's main campus as the "Dixie Campus" for a period of no less than 20 years.
(b) After July 1, 2042, if the board of trustees seeks to alter the designation described in Subsection (6)(a), the board of trustees shall first obtain the approval of the Utah Board of Higher Education.
Amended by Chapter 1, 2021 Special Session 2
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 2 - Institutions of Higher Education › Section 112 - Formation of non-profit corporations or foundations.

Effective 5/5/2021
53B-2-112.
Formation of non-profit corporations or foundations.
(1) An institution of higher education described in Section 53B-2-101 may form a non-profit corporation or foundation to aid or assist the institution of higher education, within the institution of higher education's mission and role described in Section 53B-16-101, in meeting the institution of higher education's charitable, scientific, literary, research, educational, or other objectives.
(2) The board and the president of the institution of higher education control a nonprofit corporation or foundation described in Subsection (1).
(3) A nonprofit corporation or foundation described in Subsection (1) may receive and administer:
(a) legislative appropriations;
(b) government grants;
(c) private contracts; or
(d) private gifts.
Enacted by Chapter 187, 2021 General Session