53H-8-303. Determination of full new performance funding amount -- Role of appropriations subcommittee -- Program review.

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Effective 10/14/2025

(1)In accordance with this section, and based on money deposited into the account, the Legislature shall, as part of the higher education appropriations budget process, annually determine the full new performance funding amount for each:

(a)degree-granting institution; and

(b)technical college.

(2)The Legislature shall annually allocate:

(a)80% of the money in the account to degree-granting institutions; and

(b)20% of the money in the account to technical colleges.

(a)The Legislature shall determine a degree-granting institution's full new performance funding amount based on the degree-granting institution's prior year share of:

(i)full-time equivalent enrollment in all degree-granting institutions; and

(ii)the total state-funded appropriated budget for all degree-granting institutions.

(b)In determining a degree-granting institution's full new performance funding amount, the Legislature shall give equal weight to the factors described in Subsections (3)(a)(i) and

(ii).

(a)The Legislature shall determine a technical college's full new performance funding amount based on the technical college's prior year share of:

(i)full-time equivalent enrollment for all technical colleges; and

(ii)the total state-funded appropriated budget for all technical colleges.

(b)In determining a technical college's full new performance funding amount, the Legislature shall give equal weight to the factors described in Subsections (4)(a)(i) and

(ii).

(5)Annually, at least 30 days before the first day of the legislative general session the board shall submit a report to the Higher Education Appropriations Subcommittee on each institution's performance.

(a)In accordance with this Subsection

(6), and based on the report described in Subsection

(5), the Legislature shall determine for each institution:

(i)the portion of the full new performance funding amount earned; and

(ii)the amount of new performance funding to recommend that the Legislature appropriate, from the account, to theinstitution.

(b)An institution earns the full new performance funding amount if the institution meets the annual performance goals the board sets under Subsection 53H-8-304(1)(a)(ii).

(c)An institution that does not meet the goals the board sets under Subsection 53H-8-304(1)(a)(ii):

(i)is not eligible to receive the full new performance funding amount; and

(ii)is eligible to receive a prorated amount of the full new performance funding amount for performance that is greater than zero as measured by the model the board establishes under Subsection 53H-8-304(1)(a)(i).

(d)If an institution does not earn the full new performance funding amount as described in Subsection (6)(b) , the Legislature:

(i)shall set aside the unearned new performance funding; and

(ii)may, at the end of an annual performance goal period within a five-year period for which the board sets goals under Subsection 53H-8-304(1)(a)(ii), reallocate the funds set aside under Subsection (6)(d)(i) to an institution that meets or exceeds the institution's:

(A)previous year's annual performance goal; and

(B)performance goal that the institution previously failed to meet which caused the funding to be set aside.

(7)An appropriation described in this section is ongoing.

(8)Notwithstanding Section 53H-8-302 and Subsections

(6)and

(7), the Legislature may, by majority vote, appropriate or refrain from appropriating money for performance funding as circumstances require in a particular year.

Renumbered and Amended by Chapter 8 , 2025 Special Session 1