<chapter number="53-17a"><effdate>7/1/2023</effdate><catchline>Fallen Officer Memorial Scholarship Program</catchline><section number="53-17a-101"><histories><history>Amended by Chapter <modchap sess="2025S1">9</modchap>, 2025 Special Session 1</history><modyear>2025</modyear></histories><catchline>Fallen Officer Memorial Scholarship Program -- Rulemaking.</catchline><subsection number="53-17a-101(1)">As used in this section:<subsection number="53-17a-101(1)(a)">"Child" means an individual who:<subsection number="53-17a-101(1)(a)(i)">is a natural or adopted child of a public safety officer or a firefighter who died in the line of duty; and</subsection><subsection number="53-17a-101(1)(a)(ii)">was under 25 years old at the time of the public safety officer's or firefighter's death.</subsection></subsection><subsection number="53-17a-101(1)(b)">"Died in the line of duty" means a death that is classified as a line-of-duty death under the provisions of Section <xref depth="3" refnumber="49-14-102" start="0">49-14-102</xref>, <xref depth="3" refnumber="49-15-102" start="0">49-15-102</xref>, <xref depth="3" refnumber="49-16-102" start="0">49-16-102</xref>, or <xref depth="3" refnumber="49-23-102" start="0">49-23-102</xref>.</subsection><subsection number="53-17a-101(1)(c)">"Educational-related expenses" includes tuition, fees, books, and other expenses related to obtaining an education.</subsection><subsection number="53-17a-101(1)(d)">"Firefighter" means the same as that term is defined in Section <xref depth="3" refnumber="34A-3-113" start="0">34A-3-113</xref>.</subsection><subsection number="53-17a-101(1)(e)">"Public safety officer" means an individual who:<subsection number="53-17a-101(1)(e)(i)">is employed as:<subsection number="53-17a-101(1)(e)(i)(A)">a law enforcement officer in accordance with Section <xref depth="3" refnumber="53-13-103" start="0">53-13-103</xref>;</subsection><subsection number="53-17a-101(1)(e)(i)(B)">a correctional officer in accordance with Section <xref depth="3" refnumber="53-13-104" start="0">53-13-104</xref>; or</subsection><subsection number="53-17a-101(1)(e)(i)(C)">a special function officer in accordance with Section <xref depth="3" refnumber="53-13-105" start="0">53-13-105</xref>; and</subsection></subsection><subsection number="53-17a-101(1)(e)(ii)">in the course of the individual's employment, put the individual's life or personal safety at risk.</subsection></subsection></subsection><subsection number="53-17a-101(2)">This section creates the Fallen Officer Memorial Scholarship Program, to be administered by the department.</subsection><subsection number="53-17a-101(3)">Subject to legislative appropriations and Subsection <xref depth="4" refnumber="53-17a-101(6)" start="0">(6)</xref>, the department shall provide $5,000 per year for up to four years to an applicant who:<subsection number="53-17a-101(3)(a)">is a child of a public safety officer or a firefighter who died in the line of duty;</subsection><subsection number="53-17a-101(3)(b)">is 17 years old or older;</subsection><subsection number="53-17a-101(3)(c)">certifies, on a form provided by the department, that the applicant agrees to use the funds entirely for educational-related expenses; and</subsection><subsection number="53-17a-101(3)(d)">fulfills any other application requirement established by the department.</subsection></subsection><subsection number="53-17a-101(4)">Nothing in this section affects a child's ability to obtain a tuition waiver under Section <xref depth="3" refnumber="53H-11-306">53H-11-306</xref>.</subsection><subsection number="53-17a-101(5)"><subsection number="53-17a-101(5)(a)">In accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the department may make rules necessary to administer this section, including:<subsection number="53-17a-101(5)(a)(i)">setting deadlines for receiving applications and supporting documentation; and</subsection><subsection number="53-17a-101(5)(a)(ii)">establishing the application process and an appeal process for the Fallen Officer Memorial Scholarship Program.</subsection></subsection><subsection number="53-17a-101(5)(b)">The department shall include a disclosure on all applications and related materials that the amount of funds provided may be subject to funding or be reduced, in accordance with Subsection <xref depth="4" refnumber="53-17a-101(6)" start="0">(6)</xref>.</subsection></subsection><subsection number="53-17a-101(6)"><subsection number="53-17a-101(6)(a)">Subject to future budget constraints, the Legislature shall make an annual appropriation from the Income Tax Fund to the department for the costs associated with the Fallen Officer Memorial Scholarship Program authorized under this section.</subsection><subsection number="53-17a-101(6)(b)">Notwithstanding the provisions of this section, if the appropriation under this section is insufficient to cover the costs associated with the Fallen Officer Memorial Scholarship Program, the department may:<subsection number="53-17a-101(6)(b)(i)">reduce the amount of funds distributed to an applicant; or</subsection><subsection number="53-17a-101(6)(b)(ii)">distribute funds on a pro rata basis to all eligible applicants who submitted a complete application before the application deadline.</subsection></subsection></subsection></section></chapter>