H.B. 250 Enrolled

COLLECTION OF DEFAULTED STUDENT LOANS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Orville D. Carnahan
AN ACT RELATING TO HIGHER EDUCATION; ALLOWING THE UTAH HIGHER
EDUCATION ASSISTANCE AUTHORITY TO RECEIVE EMPLOYMENT
INFORMATION FROM THE UTAH DIVISION OF WORKFORCE INFORMATION AND
PAYMENT SERVICES FOR THE PURPOSE OF COLLECTING DEFAULTED STUDENT
LOANS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53B-12-101, as last amended by Chapter 22, Laws of Utah 1989
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53B-12-101 is amended to read:
53B-12-101. Utah Higher Education Assistance Authority designated -- Powers and
duties.
The board is the Utah Higher Education Assistance Authority and, in this capacity, may
do the following:
(1) guarantee 100% of the principal of and interest on a loan to or for the benefit of a
person attending or accepted to attend an eligible postsecondary educational institution to assist
that person in meeting any educational expenses incurred in an academic year;
(2) take, hold, and administer real or personal property and moneys, including interest and
income, either absolutely or in trust, for any purpose under this chapter;
(3) acquire property for the purposes indicated in Subsection (2) by purchase or lease and
by the acceptance of gifts, grants, bequests, devises, or loans;
(4) enter into or contract with an eligible lending institution, or with a public or private
postsecondary educational institution to provide for the administration by the institution of any
loan or loan guarantee made by it, including application and repayment provisions;
(5) participate in federal programs guaranteeing, reinsuring, or otherwise supporting loans

to eligible borrowers for postsecondary educational purposes and agree to, and comply with, the
conditions and regulations applicable to those programs;
(6) adopt, amend, or repeal rules, in accordance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, to govern the activities authorized by this chapter;
(7) receive state appropriations for the fund established under Section 53B-12-104 to match
deposits and to accept contributions received by it for this purpose;
(8) receive funds from the federal government to assist in implementing federally supported
programs administered under this chapter; [and]
(9) engage, appoint, or contract for the services of officers, agents, employees, and private
consultants to render and perform professional and technical duties and provide assistance and
advice in carrying out the purposes of this chapter, to describe their duties, and to fix the amount and
source of their compensation[.]; and
(10) receive employment information from the Division of Workforce Information and
Payment Services in accordance with Section 35A-4-312 for the purpose of collecting defaulted
student loans made under this chapter. The information obtained under Subsection (10) shall be
limited to the employer's name, address, and telephone number for borrowers who have defaulted
on a student loan held by the Utah Higher Education Assistance Authority.

- 2 -