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S.B. 61
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ENHANCEMENTS TO THE STATE SYSTEMS
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OF PUBLIC AND HIGHER EDUCATION
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2001 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Lyle W. Hillyard
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This act modifies provisions related to the state systems of public and higher education by
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establishing an engineering and computer science initiative within the state system of higher
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education and a job enhancement program for secondary teachers in mathematics, physics,
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chemistry, physical science, and information technology within the public education system.
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The act identifies components of the higher education initiative to include increasing
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program capacity, providing supplemental monies for equipment purchases, and providing
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incentives. The act provides for a $10,550,000 appropriation to fund the engineering and
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computer science initiative and a $19,000,000 appropriation to fund the Public Education
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Job Enhancement Program. The act has a split effective date of May 1, 2001, and July 1,
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2001.
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This act affects sections of Utah Code Annotated 1953 as follows:
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ENACTS:
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53A-1a-601, Utah Code Annotated 1953
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53A-1a-602, Utah Code Annotated 1953
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53B-6-105, Utah Code Annotated 1953
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53B-6-105.5, Utah Code Annotated 1953
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53B-6-105.7, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53A-1a-601
is enacted to read:
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Part 6. Public Education Job Enhancement Program
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53A-1a-601. Job enhancements for secondary teachers.
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(1) In conjunction with the Engineering and Computer Science Initiative provided for in
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Section
53B-6-105
, there is established a Public Education Job Enhancement Program to attract
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and retain highly qualified secondary teachers in mathematics, physics, chemistry, physical
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science, and information technology.
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(2) The program shall provide for the following:
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(a) application by a school district superintendent or the principal of a secondary school
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on behalf of a qualified teacher;
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(b) an award of up to $20,000 to be given to selected secondary school teachers on a
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competitive basis:
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(i) whose applications are approved under Subsection
53A-1a-602
(4); and
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(ii) who teach in the state's public education system for four years in the areas identified
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in Subsection (1);
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(c) payment of the award in two installments, with an initial payment of up to $10,000 at
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the beginning of the term and up to $10,000 at the conclusion of the term;
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(d) repayment of a portion of the initial payment by the teacher if the teacher fails to
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complete two years of the four-year teaching term as provided by rule of the State Board of
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Education in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, unless
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waived for good cause; and
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(e) nonpayment of the second installment if the teacher fails to complete the four-year
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teaching term.
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Section 2.
Section
53A-1a-602
is enacted to read:
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53A-1a-602. Job Enhancement Committee -- Composition -- Duties -- Appropriation.
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(1) There is created a Job Enhancement Committee to implement and administer the public
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education job enhancement program established in Section
53A-1a-601
.
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(2) (a) The committee shall consist of:
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(i) two members of the State Board of Education, selected by the board;
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(ii) two members of the State Board of Regents selected by the board; and
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(iii) three members of the general public who have business experience in mathematics,
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physics, chemistry, physical science, or information technology selected by the governor.
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(b) Committee members shall receive no compensation or benefits for their service on the
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committee, but may receive per diem and expenses incurred in the performance at rates established
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by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
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(3) (a) The committee shall receive and review applications submitted for participation in
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the job enhancement program established under Section
53A-1a-601
.
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(b) In reviewing applications, the committee shall focus on:
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(i) the prioritized critical areas of need identified under Subsection (4)(a); and
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(ii) the awards being made on a competitive basis.
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(c) If the committee approves an application received under Subsection (3)(a) it shall
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contract directly with the teacher applicant to receive the award, subject to Subsection
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53A-1a-601
(2).
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(d) The State Board of Education, through the superintendent of public instruction, shall
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provide staff support for the committee and adequate and reliable data on the state's supply of and
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demand for qualified secondary teachers in the subjects listed in Subsection
53A-1a-601
(1).
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(4) The committee shall make a rule in accordance with Title 63, Chapter 46a, Utah
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Administrative Rulemaking Act, establishing policies and procedures for:
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(a) making the awards in accordance with prioritized critical areas of need as determined
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by the committee;
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(b) timelines for the submission and approval of applications under Subsection (3); and
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(c) the distribution of the awards to successful applicants based on available monies
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provided by legislative appropriation.
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(5) The Legislature shall make an annual appropriation to the State Board of Education
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to fund the job enhancement program established under Section
53a-1a-601
.
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(6) The committee shall make an annual report to the Legislature through the Education
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Interim committee, the governor, the State Board of Education, and the State Board of Regents on
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the status of the program, together with any recommendations for modification, expansion, or
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termination of the program.
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Section 3.
Section
53B-6-105
is enacted to read:
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53B-6-105. Engineering and computer technology initiative.
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(1) The Legislature recognizes that a significant increase in the number of engineering,
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computer science, and related technology graduates from the state system of higher education is
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required over the next several years to advance the intellectual, cultural, social, and economic
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well-being of the state and its citizens.
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(2) (a) (i) The State Board of Regents shall therefore develop, establish, and maintain an
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Engineering and Computer Science Initiative within the state system of higher education to double
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the number of graduates in engineering, computer science, and related technology by 2006 and
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triple the number of graduates by 2009.
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(ii) The board shall make a rule in accordance with Title 63, Chapter 46a, Utah
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Administrative Rulemaking Act, providing the criteria for those fields of study that qualify as
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"related technology" under this section and Sections
53B-6-105.5
and
53B-6-105.7
.
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(b) The initiative shall include components that:
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(i) for the 2002 fall semester, increase program capacity by doubling the number of
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incoming freshman and the number of students in engineering, computer science, and related
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technology going from lower to upper division course work;
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(ii) improve the quality of instructional programs in engineering, computer science, and
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related technology by providing supplemental monies for equipment purchases; and
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(iii) provide incentives to:
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(A) students through a loan and loan forgiveness program under Section
53B-6-105.5
; and
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(B) institutions to hire and retain faculty under Section
53B-6-105.7
.
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(3) The increase in program capacity under Subsections (2)(a) and (b)(i) shall include
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funding for new and renovated capital facilities and funding for new engineering and computer
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science programs.
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(4) The Legislature shall provide an annual appropriation to fund the initiative as a budget
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line item for the State Board of Regents.
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Section 4.
Section
53B-6-105.5
is enacted to read:
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53B-6-105.5. Initiative student loan and loan forgiveness program.
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(1) (a) There is established an engineering, computer science, and related technology
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student loan program as a component of the initiative created in Section
53B-6-105
.
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(b) The program is established to recruit and train engineering, computer science, and
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related technology students to assist in providing for and advancing the intellectual and economic
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welfare of the state.
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(2) (a) The board:
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(i) may make rules for the overall administration of the program in accordance with Title
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63, Chapter 46a, Utah Administrative Rulemaking Act; and
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(ii) shall administer the program consistent with the general student loan provisions
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outlined in Title 53B.
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(b) The board shall also use the following policies and procedures in administering the
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student loan program:
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(i) students may use their loans at any institution within the state system of higher
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education that offers an engineering, computer science, or related technology baccalaureate degree;
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(ii) loans shall be given to students who declare an intent to complete a prescribed course
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of instruction in one of the areas referred to in Subsection (2)(b)(i) and to work in the state for a
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period of four years after graduation;
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(iii) a loan may be cancelled at any time by the institution of attendance, if the student fails
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to make reasonable progress towards obtaining the baccalaureate degree or there appears to be a
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reasonable certainty that the student does not intend to work in the state upon graduation, and the
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board shall require repayment together with interest; and
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(iv) (A) a loan recipient who does not work in the state for a term equal to the number of
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years of the loan within a reasonable period of time after graduation shall repay a graduated portion
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of the loan based upon the uncompleted term together with appropriate interest, unless waived for
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good cause; and
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(B) one year of employment as an engineer or in the field of computer science or related
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technologies is credit for a one-year loan for tuition and fees.
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(3) The Legislature shall make an annual appropriation to the board to fund the student
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loan program created in this section.
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Section 5.
Section
53B-6-105.7
is enacted to read:
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53B-6-105.7. Incentive program for engineering, computer science, and related
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technology faculty.
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(1) The Legislature shall provide an annual appropriation to help fund the faculty incentive
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component of the engineering and computer science initiative established under Subsection
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53B-6-105
(2)(b)(iii)(B).
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(2) The appropriation shall be used to hire, recruit, and retain outstanding faculty in
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engineering, computer science, and related technology fields under guidelines established by the
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State Board of Regents.
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(3) (a) State institutions of higher education shall match the appropriation on a one-to-one
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basis in order to qualify for state monies appropriated under Subsection (1).
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(b) (i) Qualifying institutions shall annually report their matching dollars to the board.
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(ii) The board shall make a summary report of the institutional matches to the Education
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Interim Committee of the Legislature.
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(4) The board shall make a rule in accordance with Title 63, Chapter 46a, Utah
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Administrative Rulemaking Act, establishing policies and procedures to apply for and distribute
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the state appropriation to qualifying institutions.
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Section 6. Appropriation.
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(1) For fiscal year 2001-02, there is appropriated from the following sources to the State
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Board of Regents the following amounts for the following purposes:
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(a) $5,000,000 of income tax revenues for the faculty incentive program established under
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Section
53B-6-105.7
;
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(b) $550,000 of income tax revenues for new engineering and computer science programs
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at higher education institutions to increase program capacity under the engineering and computer
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science initiative as provided in Subsection
53B-6-105
(2)(b)(i);
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(c) a one-time appropriation of $4,200,000 of income tax revenues for equipment
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purchases to improve the quality of instructional programs under the engineering and computer
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science initiative as provided in Subsection
53B-6-105
(2)(b)(ii); and
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(d) a one-time appropriation of $800,000 of income tax revenues to capitalize the student
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loan program established under Section
53B-6-105.5
.
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(2) (a) For fiscal year 2001-02, there is appropriated from the Uniform School Fund to the
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State Board of Education $2,400,000 to help fund the Public Education Job Enhancement Program
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as required under Subsection
53A-1a-602
(4)(a).
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(b) For fiscal year 2000-01, there is appropriated from the Uniform School Fund to the
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State Board of Education $16,600,000 as a one-time supplemental appropriation to help fund the
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Public Education Job Enhancement Program as required under Subsection
53A-1a-602
(4)(a).
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(3) The appropriations under Subsections (1) and (2) are nonlapsing.
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Section 7. Effective date.
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This act takes effect on July 1, 2001 except that Subsection (2)(b) of the Appropriation
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Section 6 takes effect May 1, 2001.
Legislative Review Note
as of 1-10-01 1:05 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.