HB 547

Enrolled Copy  H.B. 547
1Transnational Repression Amendments
                                       2026 GENERAL SESSION
                                            STATE OF UTAH
                                     Chief Sponsor: Tyler Clancy
                                 Senate Sponsor: Michael K. McKell
  Cosponsor:
  Jon Hawkins
2
3  LONG TITLE
4  General Description:
5      This bill addresses transnational repression by foreign governments and foreign terrorist
6  organizations against individuals in this state.
7  Highlighted Provisions:
8      This bill:
9      ▸ defines terms, including transnational repression;
10      ▸ requires the Utah Board of Higher Education to direct the state's institutions of higher
11  education to provide information on transnational repression to international students
12  and how to report transnational repression to law enforcement;
13      ▸ creates a criminal penalty enhancement for any crime if the crime is committed by an
14  individual at the direction of a foreign government or an agent of a foreign terrorist
15  organization in order to cause a victim to undertake, or refrain from undertaking, certain
16  conduct; and
17      ▸ makes technical and conforming changes.
18  Money Appropriated in this Bill:
19      None
20  Other Special Clauses:
21      None
22  Utah Code Sections Affected:
23  AMENDS:
24      53H-1-201, as renumbered and amended by Laws of Utah 2025, First Special Session,
25      Chapter 8
H.B. 547  Enrolled Copy
2653H-1-203, as renumbered and amended by Laws of Utah 2025, First Special Session,
27Chapter 8
28   ENACTS:
2976-3-203.21, Utah Code Annotated 1953
30
31   Be it enacted by the Legislature of the state of Utah:
32Section 1. Section 53H-1-201 is amended to read:
3353H-1-201 . General Provisions -- Definitions.
34[Reserved.] As used in this part, "transnational repression" means conduct by an agent of
35   a foreign government or agent of a foreign terrorist organization that is:
36   (1) directed at an individual located within the United States, such as:
37(a) harassment, intimidation, or censorship;
38(b) threats or use of physical force;
39(c) electronic or digital surveillance or targeting;
40(d) a threat of punishment, harassment, or retaliation against another individual under
41the foreign government's or foreign terrorist organization's effective control;
42(e) financial coercion, including a threat or use of confiscation, expropriation, or denial
43of access to property or financial services;
44(f) abuse of administrative or immigration processes;
45(g) selective prosecution or enforcement of generally applicable laws; or
46(h) use or direction of social media, telecommunications, or similar entities to carryout
47conduct described in Subsections (1)(a) through (g); and
48   (2) done with the purpose of extending a foreign government's or foreign terrorist
49organization's ability to influence, control, or impose preferences on the individual's
50behavior while the individual is outside the foreign government's or foreign terrorist
51organization's area of control.
52Section 2. Section 53H-1-203 is amended to read:
5353H-1-203 . Establishment of board -- Powers, duties, and authority -- Reports.
54   (1)(a) There is established the Utah Board of Higher Education, which:
55(i) is the governing board for the institutions of higher education; and
56(ii) controls, oversees, and regulates the Utah System of Higher Education in a
57manner consistent with the purpose of this title and the specific powers and
58responsibilities granted to the board.
59(b)(i) The University of Utah shall provide administrative support for the board.
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60(ii) Notwithstanding Subsection (1)(b)(i), the board shall maintain the board's
61independence, including in relation to the powers and responsibilities granted to
62the board.
63  (2) The board shall:
64      (a) establish and promote a state-level vision and goals for higher education that
65emphasize data-driven retrospective and prospective system priorities, including:
66(i) quality;
67(ii) affordability;
68(iii) access and equity;
69(iv) completion;
70(v) workforce alignment and preparation for high-quality jobs; and
71(vi) economic growth;
72      (b) establish system policies and practices that advance the vision and goals;
73      (c) establish metrics to demonstrate and monitor:
74(i) performance related to the goals; and
75(ii) performance on measures of operational efficiency;
76      (d) collect and analyze data including economic data, demographic data, and data related
77to the metrics;
78      (e) govern data quality and collection across institutions;
79      (f) establish, approve, and oversee each institution's mission and role in accordance with
80Section 53H-3-602;
81      (g) assess an institution's performance in accomplishing the institution's mission and role;
82      (h) participate in the establishment and review of programs of instruction in accordance
83with Section 53H-3-603;
84      (i) perform the following duties related to an institution of higher education president,
85including:
86(i) hiring an institution of higher education president in accordance with Section
8753H-3-302;
88(ii) through the commissioner and the board's executive committee:
89(A) providing support and guidance to an institution of higher education president;
90and
91(B) evaluating an institution of higher education president based on institution
92performance and progress toward systemwide priorities;
93(iii) setting the terms of employment for an institution of higher education president,
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94including performance-based compensation, through an employment contract or
95another method of establishing employment; and
96(iv) establishing, through a confidential process, a statewide succession plan to
97develop potential institution presidents from within the system;
98      (j) create and implement a strategic finance plan for higher education, including by:
99(i) establishing comprehensive budget and finance priorities for academic education
100and technical education;
101(ii) allocating statewide resources to institutions;
102(iii) setting tuition for each institution;
103(iv) administering state financial aid programs;
104(v) administering performance funding in accordance with Chapter 8, Part 3,
105Performance Funding; and
106(vi) developing a strategic capital facility plan and prioritization process in
107accordance with Chapter 9, Part 5, General Capital Developments, and Sections
10853H-9-604 and 53H-9-605;
109      (k) create and annually report to the Higher Education Appropriations Subcommittee on
110a seamless articulated education system for Utah students that responds to changing
111demographics and workforce, including by:
112(i) providing for statewide prior learning assessment, in accordance with Section
11353H-3-702;
114(ii) establishing and maintaining clear pathways for articulation and transfer, in
115accordance with Section 53H-3-604;
116(iii) establishing degree program requirement guidelines, including credit hour limits;
117(iv) aligning general education requirements across degree-granting institutions;
118(v) coordinating and incentivizing collaboration and partnerships between institutions
119in delivering programs;
120(vi) coordinating distance delivery of programs;
121(vii) coordinating work-based learning; and
122(viii) emphasizing the system priorities and metrics described in Subsections (2)(a)
123and (c);
124      (l) coordinate with the public education system:
125(i) regarding public education programs that provide postsecondary credit or
126certificates; and
127(ii) to ensure that an institution of higher education providing technical education
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128serves secondary students in the public education system;
129      (m) delegate to an institution board of trustees certain duties related to institution
130governance including:
131(i) guidance and support for the institution president;
132(ii) effective administration;
133(iii) the institution's responsibility for contributing to progress toward achieving
134systemwide goals; and
135(iv) other responsibilities determined by the board;
136      (n) delegate to an institution of higher education president management of the institution
137of higher education;
138      (o) consult with an institution of higher education board of trustees or institution of
139higher education president before acting on matters pertaining to the institution of
140higher education;
141      (p) maximize efficiency throughout the Utah System of Higher Education by identifying
142and establishing shared administrative services, beginning with:
143(i) commercialization;
144(ii) services for compliance with Title IX of the Education Amendments of 1972, 20
145U.S.C. Sec. 1681 et seq.;
146(iii) information technology services; and
147(iv) human resources, payroll, and benefits administration;
148      (q) develop strategies for providing higher education, including career and technical
149education, in rural areas;
150      (r) manage and facilitate a process for initiating, prioritizing, and implementing
151education reform initiatives, beginning with common applications and direct
152admissions;
153      (s) provide ongoing quality review of programs;
154      (t) before each annual legislative general session, provide to the Higher Education
155Appropriations Subcommittee a prioritization of all projects and proposals for which
156the board or an institution of higher education seeks an appropriation;[ and]
157      (u) coordinate with the Department of Corrections to establish educational programs for
158inmates as described in Section 64-13-6[.] ; and
159      (v) require that institutions provide information to international students regarding
160transnational repression and how to report instances of transnational repression to law
161enforcement as described in Section 53-10-1103.
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162   (3) The board shall submit an annual report of the board's activities and performance
163against the board's goals and metrics to:
164(a) the Education Interim Committee;
165(b) the Higher Education Appropriations Subcommittee;
166(c) the governor; and
167(d) each institution of higher education.
168   (4) The board shall prepare and submit an annual report detailing the board's progress and
169recommendations on workforce related issues, including career and technical education,
170to the governor and to the Education Interim Committee by December 1 of each year,
171including information detailing:
172(a) how institutions of higher education are meeting the career and technical education
173needs of secondary students;
174(b) how the system emphasized high demand, high wage, and high skill jobs in business
175and industry;
176(c) performance outcomes, including:
177(i) entered employment;
178(ii) job retention; and
179(iii) earnings;
180(d) an analysis of workforce needs and efforts to meet workforce needs; and
181(e) student tuition and fees.
182   (5) The board may modify the name of an institution of higher education to reflect the role
183and general course of study of the institution.
184   (6) The board may not take action relating to merging a technical college with another
185institution of higher education without legislative approval.
186   (7) This section does not affect the power and authority vested in the State Board of
187Education to apply for, accept, and manage federal appropriations for the establishment
188and maintenance of career and technical education.
189   (8) The board shall ensure that any training or certification that an employee of the higher
190education system is required to complete under this title or by board rule complies with
191Title 63G, Chapter 22, State Training and Certification Requirements.
192   (9) The board shall demonstrate compliance with Subsection (2)(p) by providing to the
193Higher Education Appropriations Subcommittee:
194(a) on or before October 1, 2024, evidence of implementation of at least one shared
195administrative service;
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196      (b) on or before October 1, 2025, evidence of implementation of at least two shared
197administrative services; and
198      (c) on or before October 1, 2026, evidence of implementation of at least three shared
199administrative services.
200  (10) If the Higher Education Appropriations Subcommittee finds the board to be out of
201      compliance with Subsection (9), the Legislature shall:
202      (a) deduct 10% of the appropriation described in Section 53H-8-302 for the following
203fiscal year; and
204      (b) deduct an additional 10% of the appropriation described in Section 53H-8-302 for
205each subsequent year of noncompliance up to a maximum deduction of 30%.
206Section 3. Section 76-3-203.21 is enacted to read:
20776-3-203.21 . Transnational repression enhancement.
208  (1) As used in this section:
209      (a) "Agent of a foreign government" means an individual who acts at the direction of,
210under the control of, or as a proxy for, a foreign government.
211      (b) "Agent of a foreign terrorist organization" means an individual who acts at the
212direction of, under the control of, or as a proxy for, a foreign terrorist organization
213designated by the federal government in accordance with 8 U.S.C. Sec. 1189.
214  (2) An actor who commits any criminal offense is subject to an enhanced penalty for the
215      offense as provided in Subsection (3) if the trier of fact finds beyond a reasonable doubt
216      that the actor:
217      (a)(i) is an agent of a foreign government or an agent of a foreign terrorist
218organization; or
219(ii) acted at the direction, request, command, or otherwise under the influence of, a
220foreign government or foreign terrorist organization; and
221      (b) committed the criminal offense with the intent to:
222(i)(A) cause an individual to act on behalf of a foreign government or foreign
223terrorist organization;
224(B) cause an individual to leave the United States or cause another individual to
225leave the United States; or
226(C) compel the victim to do any other act against the victim's will; or
227(ii) compel the victim to refrain from doing any act against the victim's will.
228  (3) For an offense described in Subsection (2), the actor may be charged as follows:
229      (a) for a class C misdemeanor, as a class B misdemeanor;
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230(b) for a class B misdemeanor, as a class A misdemeanor;
231(c) for a class A misdemeanor, as a third degree felony;
232(d) for a third degree felony, as a second degree felony; and
233(e) for a second degree felony, as a first degree felony.
234Section 4. Effective Date.
235   This bill takes effect on May 6, 2026.
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