Representative Susan Duckworth proposes the following substitute bill:


1     
PROMOTION OF STUDENT LOAN FORGIVENESS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Susan Duckworth

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     General Description:
9          This bill enacts the Promotion of Student Loan Forgiveness Programs Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     instructs the Division of Antidiscrimination and Labor to develop and make
14     publicly available informational materials that describe the Public Service Loan
15     Forgiveness Program and the Teacher Loan Forgiveness Program;
16          ▸     requires each employer that is a public service organization to annually provide an
17     electronic copy of the Public Service Loan Forgiveness Program informational
18     materials to each of the employer's employees; and
19          ▸     requires each LEA to annually provide an electronic copy of the Teacher Loan
20     Forgiveness Program informational materials to each of the LEA's teachers.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:

26     ENACTS:
27          34-54-101, Utah Code Annotated 1953
28          34-54-102, Utah Code Annotated 1953
29          34-54-201, Utah Code Annotated 1953
30          34-54-202, Utah Code Annotated 1953
31          34-54-203, Utah Code Annotated 1953
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 34-54-101 is enacted to read:
35     
CHAPTER 54. PROMOTION OF STUDENT LOAN

36     
FORGIVENESS PROGRAMS ACT

37     
Part 1. General Provisions

38          34-54-101. Title.
39          This chapter is known as "Promotion of Student Loan Forgiveness Programs Act."
40          Section 2. Section 34-54-102 is enacted to read:
41          34-54-102. Definitions.
42          As used in this chapter:
43          (1) "Division" means the Division of Antidiscrimination and Labor in the commission.
44          (2) (a) "Employer" means, except as provided in Subsection (2)(b), a public service
45     organization in the state that employs one or more individuals.
46          (b) "Employer" does not include:
47          (i) a federal or tribal government organization, agency, or entity; or
48          (ii) a tribal college or university.
49          (3) "Employment certification form" means the form provided by the United States
50     Department of Education, in part, to verify that an individual's employment qualifies for
51     participation in a student loan forgiveness program.
52          (4) "LEA" means a school district, a charter school, or the Utah Schools for the Deaf
53     and the Blind.
54          (5) "Public Service Loan Forgiveness Program" means the Public Service Loan
55     Forgiveness Program described in 34 C.F.R. 685.219.
56          (6) "Public service organization" means the same as that term is defined in 34 C.F.R.

57     685.219.
58          (7) "Student loan forgiveness program" means:
59          (a) the Public Service Loan Forgiveness Program; or
60          (b) the Teacher Loan Forgiveness Program.
61          (8) "Teacher" means the same as that term is defined in 34 C.F.R. 685.217.
62          (9) "Teacher Loan Forgiveness Program" means the Teacher Loan Forgiveness
63     Program described in 34 C.F.R. 685.217.
64          Section 3. Section 34-54-201 is enacted to read:
65     
Part 2. Promotion of Student Loan Forgiveness Programs

66          34-54-201. Division duties.
67          (1) For each student loan forgiveness program, the division shall develop a set of
68     informational materials designed to increase awareness of the program among eligible residents
69     of the state.
70          (2) In each set of informational materials described in Subsection (1), the division shall
71     include:
72          (a) a one-page form letter for an employer to give to an employee who may be eligible
73     for the loan forgiveness program that:
74          (i) briefly summarizes the loan forgiveness program;
75          (ii) describes each step the employee must take to participate in the loan forgiveness
76     program; and
77          (iii) recommends the employee contact the employee's student loan servicer for
78     additional information about the loan forgiveness program;
79          (b) a detailed fact sheet that:
80          (i) describes the loan forgiveness program; and
81          (ii) includes a phone number and email address where an individual may report a
82     violation of this chapter to the division; and
83          (c) a document that contains answers to frequently asked questions about the loan
84     forgiveness program.
85          (3) The division may use information published by a federal agency to satisfy any
86     requirement of Subsection (1) or (2).
87          (4) The division shall:

88          (a) make each set of informational materials described in this section available on the
89     division's website; and
90          (b) ensure that each set of informational materials described in this section contains
91     current and accurate information.
92          Section 4. Section 34-54-202 is enacted to read:
93          34-54-202. Employer obligations.
94          (1) (a) At least once each calendar year, an employer shall give each of the employer's
95     employees an electronic copy of the set of informational materials that the division develops in
96     accordance with Section 34-54-201 for the Public Service Loan Forgiveness Program.
97          (b) An employer shall give each employee hired on or after July 1, 2019, an electronic
98     copy of the materials described in Subsection (1)(a) within 14 days after the day on which the
99     employee begins work for the employer.
100          (2) Upon request from an employee, an employer shall complete the employer portions
101     of an employment certification form and provide a copy of the employment certification form
102     to the employee.
103          Section 5. Section 34-54-203 is enacted to read:
104          34-54-203. Additional LEA obligations.
105          (1) (a) At least once each calendar year, an LEA shall give each of the LEA's teachers
106     an electronic copy of the set of informational materials that the division develops in accordance
107     with Section 34-54-201 for the Teacher Loan Forgiveness Program.
108          (b) An LEA shall give each teacher hired on or after July 1, 2019, an electronic copy of
109     the material described in Subsection (1)(a) within 14 days after the day on which the teacher
110     begins work for the LEA.
111          (2) An LEA's obligations under this section are in addition to the other requirements of
112     this chapter.