Representative Derrin R. Owens proposes the following substitute bill:


1     
ACCESS UTAH PROMISE SCHOLARSHIP PROGRAM

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Derrin R. Owens

5     
Senate Sponsor: Evan J. Vickers

6     

7     LONG TITLE
8     General Description:
9          This bill creates the Access Utah Promise Scholarship Program and amends and repeals
10     certain other scholarship programs.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     creates the Access Utah Promise Scholarship Program;
15          ▸     enacts provisions related to promise scholarships, including provisions related to:
16               •     eligibility; and
17               •     the amount awarded for a promise scholarship;
18          ▸     enacts provisions related to promise partner awards, including provisions related to:
19               •     eligibility, including requirements for employers who intend to participate as
20     promise partners; and
21               •     administration of the program;
22          ▸     prohibits the State Board of Regents (board) and institutions of higher education
23     from accepting applications for certain previously authorized scholarships after
24     certain dates;
25          ▸     allows an individual who received certain scholarships before certain dates to
26     receive the scholarships until the end of the scholarship term;
27          ▸     amends provisions related to a Regents' scholarship and a New Century Scholarship,
28     including:
29               •     the maximum amount of a scholarship;
30               •     the postsecondary institutions at which a student may use a scholarship; and
31               •     allowable uses for a scholarship;
32          ▸     requires the board to make administrative rules;
33          ▸     allows the board to use certain existing funds for administrative costs associated
34     with certain scholarships;
35          ▸     provides repeal dates; and
36          ▸     makes technical and conforming changes.
37     Money Appropriated in this Bill:
38          This bill appropriates in fiscal year 2020:
39          ▸     to the State Board of Regents - Student Assistance - Access Utah Promise
40     Scholarship Program, as a one-time appropriation:
41               •     from the Education Fund, One-time, $30,000,000.
42     Other Special Clauses:
43          This bill provides a coordination clause.
44     Utah Code Sections Affected:
45     AMENDS:
46          53B-6-105, as last amended by Laws of Utah 2009, Chapters 210 and 370
47          53B-6-105.5, as last amended by Laws of Utah 2013, Chapter 49
48          53B-6-105.7, as last amended by Laws of Utah 2009, Chapter 210
49          53B-8-105, as last amended by Laws of Utah 2017, Chapter 386
50          53B-8-112, as enacted by Laws of Utah 2017, Chapter 426
51          53B-8-201, as enacted by Laws of Utah 2017, Chapter 386
52          63G-12-402, as last amended by Laws of Utah 2017, Chapter 386
53          63I-2-253, as last amended by Laws of Utah 2018, Chapters 107, 281, 382, 415, and
54     456
55     ENACTS:
56          53B-8-114, Utah Code Annotated 1953
57          53B-8-301, Utah Code Annotated 1953
58          53B-8-302, Utah Code Annotated 1953
59          53B-8-303, Utah Code Annotated 1953
60          53B-8-304, Utah Code Annotated 1953
61     REPEALS:
62          53B-8-113, as enacted by Laws of Utah 2017, Chapter 426
63     Utah Code Sections Affected by Coordination Clause:
64          53B-1-301, Utah Code Annotated 1953
65     

66     Be it enacted by the Legislature of the state of Utah:
67          Section 1. Section 53B-6-105 is amended to read:
68          53B-6-105. Engineering and Computer Technology Initiative.
69          (1) The Legislature recognizes that a significant increase in the number of engineering,
70     computer science, and related technology graduates from the state system of higher education is
71     required over the next several years to advance the intellectual, cultural, social, and economic
72     well-being of the state and its citizens.
73          (2) (a) (i) The [State Board of Regents] board shall therefore develop, establish, and
74     maintain an Engineering and Computer Science Initiative within the state system of higher
75     education to double the number of graduates in engineering, computer science, and related
76     technology by 2006 and triple the number of graduates by 2009.
77          (ii) The board shall make [a rule] rules in accordance with Title 63G, Chapter 3, Utah
78     Administrative Rulemaking Act, providing the criteria for those fields of study that qualify as
79     "related technology" under this section and [Sections 53B-6-105.7 and] Section 53B-6-105.9.
80          (b) The initiative shall include components that:
81          (i) improve the quality of instructional programs in engineering, computer science, and
82     related technology by providing supplemental money for equipment purchases; and
83          [(ii) provide incentives to:]
84          [(A) students through a scholarship program under Section 53B-6-105.7; and]
85          [(B)] (ii) provide incentives to institutions to hire and retain faculty under Section
86     53B-6-105.9.
87          (3) The increase in program capacity under Subsection (2)(a) shall include funding for
88     new and renovated capital facilities and funding for new engineering and computer science
89     programs.
90          (4) The Legislature shall provide an annual appropriation to the [State Board of
91     Regents] board to fund the initiative.
92          Section 2. Section 53B-6-105.5 is amended to read:
93          53B-6-105.5. Technology Initiative Advisory Board -- Composition -- Duties.
94          (1) There is created a Technology Initiative Advisory Board to assist and make
95     recommendations to the State Board of Regents in its administration of the Engineering and
96     Computer Science Initiative established under Section 53B-6-105.
97          (2) (a) The advisory board shall consist of individuals appointed by the governor from
98     business and industry who have expertise in the areas of engineering, computer science, and
99     related technologies.
100          (b) The advisory board shall select a chair and cochair.
101          (c) The advisory board shall meet at the call of the chair.
102          (d) The State Board of Regents, through the commissioner of higher education, shall
103     provide staff support for the advisory board.
104          (3) A member of an advisory board may not receive compensation or benefits for the
105     member's service, but may receive per diem and travel expenses in accordance with:
106          (a) Section 63A-3-106;
107          (b) Section 63A-3-107; and
108          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
109     63A-3-107.
110          (4) The advisory board shall:
111          (a) make recommendations to the State Board of Regents on the allocation and
112     distribution of money appropriated to fund:
113          (i) the faculty incentive program established in Section 53B-6-105.9; and
114          (ii) equipment purchases required to improve the quality of instructional programs in
115     engineering, computer science, and related technology; [and]
116          [(iii) the scholarship program established in Section 53B-6-105.7.]
117          (b) prepare a strategic plan that details actions required by the State Board of Regents
118     to meet the intent of the Engineering and Technology Science Initiative;
119          (c) review and assess engineering, computer science, and related technology programs
120     currently being offered at higher education institutions and their impact on the economic
121     prosperity of the state;
122          (d) provide the State Board of Regents with an assessment and reporting plan that:
123          (i) measures results against expectations under the initiative, including verification of
124     the matching requirements for institutions of higher education to receive money under Section
125     53B-6-105.9; and
126          (ii) includes an analysis of market demand for technical employment, program
127     articulation among higher education institutions in engineering, computer science, and related
128     technology, tracking of student placement, student admission to the initiative program by
129     region, transfer rates, and retention in and graduation rates from the initiative program; and
130          (e) make an annual report of its activities to the State Board of Regents.
131          (5) The annual report of the Technology Initiative Advisory Board shall include the
132     summary report of the institutional matches described in Section 53B-6-105.9.
133          Section 3. Section 53B-6-105.7 is amended to read:
134          53B-6-105.7. Initiative student scholarship program.
135          (1) Notwithstanding the provisions of this section, beginning on July 1, 2019, the board
136     may not accept new applications for a scholarship described in this section.
137          [(1)] (2) (a) There is established an engineering, computer science, and related
138     technology scholarship program as a component of the initiative created in Section 53B-6-105.
139          (b) The program is established to recruit, retain, and train engineering, computer
140     science, and related technology students to assist in providing for and advancing the intellectual
141     and economic welfare of the state.
142          [(2)] (3) (a) The board:
143          (i) may make rules for the overall administration of the scholarship program in
144     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
145          (ii) shall administer the program in consultation with the Technology Initiative
146     Advisory Board created in Section 53B-6-105.5.
147          (b) The board shall also use the following policies and procedures in administering the
148     student scholarship program:
149          (i) students may use scholarship money at any institution within the state system of
150     higher education that offers an engineering, computer science, or related technology degree;
151          (ii) scholarships shall be given to students who declare an intent to complete a
152     prescribed course of instruction in one of the areas referred to in Subsection [(2)] (3)(b)(i) and
153     to work in the state after graduation in one of those areas; and
154          (iii) a scholarship may be cancelled at any time by the institution of attendance, if the
155     student fails to make reasonable progress towards obtaining the degree or there appears to be a
156     reasonable certainty that the student does not intend to work in the state upon graduation.
157          [(3) (a) By June 1 of each year, the Technology Initiative Advisory Board shall
158     recommend to the board a distribution of the scholarship funds to institutions in the state
159     system of higher education, based on a formula.]
160          [(b) The Technology Initiative Advisory Board shall develop the formula for
161     distribution of total scholarship funds to the institutions, which shall contain the following
162     components:]
163          [(i) the number of graduates of engineering, computer science, and related technology
164     degrees from the previous year;]
165          [(ii) the number and level of engineering, computer science, and related technology
166     degrees offered at an institution; and]
167          [(iii) the length of each engineering, computer science, and related technology degree
168     offered at an institution.]
169          (4) The Legislature shall make an annual appropriation to the board to fund the student
170     scholarship program created in this section.
171          Section 4. Section 53B-8-105 is amended to read:
172          53B-8-105. New Century scholarships -- High school requirements.
173          (1) As used in this section[, "complete]:
174          (a) "Complete the requirements for an associate degree" means that a student:
175          [(a)] (i) (A) completes all the required courses for an associate degree from a higher
176     education institution within the state system of higher education that offers associate degrees;
177     and
178          [(ii)] (B) applies for the associate degree from the institution; or
179          [(b)] (ii) completes equivalent requirements described in Subsection (1)(a)(i)(A) from a
180     higher education institution within the state system of higher education that offers
181     baccalaureate degrees but does not offer associate degrees.
182          (b) "Fee" means a fee approved by the board.
183          (2) (a) The board shall award New Century scholarships.
184          (b) The board shall develop and approve the math and science curriculum described
185     under Subsection (3)(a)(ii).
186          (3) (a) In order to qualify for a New Century scholarship, a student in Utah schools
187     shall complete the requirements for an:
188          (i) associate degree; or
189          (ii) approved math and science curriculum.
190          (b) The requirements under Subsection (3)(a) shall be completed:
191          [(i) (A) for a student whose class graduates from high school in 2010 or before, by
192     September 1 of the year the student's class graduates from high school; or]
193          [(B) for a student whose class graduates from high school in 2011 or after,]
194          (i) by the day on which the student's class graduates from high school; and
195          (ii) with at least a 3.0 grade point average.
196          (c) In addition to the requirements in Subsection (3)(a), a student in Utah [schools
197     whose class graduates from high school in 2011 or after] shall:
198          (i) complete the high school graduation requirements of:
199          (A) a public high school established by the State Board of Education and the student's
200     school district or charter school; or
201          (B) a private high school in the state that is accredited by a regional accrediting body
202     approved by the board; and
203          (ii) complete high school with at least a 3.5 cumulative high school grade point
204     average.
205          (4) Notwithstanding Subsection (3), for a student who does not receive a high school
206     grade point average, the student shall:
207          (a) complete the requirements for an associate degree:
208          [(i) (A) for a student who completes high school in 2010 or before, by September 1 of
209     the year the student completes high school; or]
210          [(B) for a student who completes high school in 2011 or after,]
211          (i) by June 15 of the year the student completes high school; and
212          (ii) with at least a 3.0 grade point average; and
213          (b) score a composite ACT score of 26 or higher.
214          (5) To be eligible for the scholarship, a student:
215          (a) shall submit an application to the board with:
216          (i) an official college transcript showing college courses the student has completed to
217     complete the requirements for an associate degree; and
218          (ii) (A) if applicable, an official high school transcript; or
219          (B) if applicable, a copy of the student's ACT scores;
220          (b) shall be a citizen of the United States or a noncitizen who is eligible to receive
221     federal student aid;
222          (c) may not have a criminal record, with the exception of a misdemeanor traffic
223     citation; and
224          (d) if applicable, shall meet the application deadlines as established by the board under
225     Subsection (10).
226          (6) (a) The scholarship may be used at a:
227          (i) higher education institution within the state system of higher education that offers
228     baccalaureate programs; or
229          (ii) if the scholarship holder applies for the scholarship on or before October 1, 2019,
230     private, nonprofit college or university in the state accredited by the Northwest Association of
231     Schools and Colleges that offers baccalaureate programs.
232          [(b) For a student whose class graduates from high school in 2010 and who completes
233     the requirements under Subsection (3)(a) by September 1, 2010:]
234          [(i) if used at an institution described in Subsection (6)(a)(i), the value of the
235     scholarship is up to 75% of the tuition costs at the selected institution; or]
236          [(ii) if used at an institution described in Subsection (6)(a)(ii), the value of the
237     scholarship is up to 75% of the tuition costs at the institution, not to exceed 75% of the average
238     tuition costs at the institutions referred in Subsection (6)(a)(i).]
239          [(c) (i) For a student whose class graduates in 2011 or after and who completes the
240     requirements under this section]
241          (b) (i) Subject to Subsection (6)(e), the total value of the scholarship is up to $5,000,
242     allocated over a time period described in Subsection (6)[(d)](c), as prescribed by the board.
243          (ii) The board may increase the scholarship amount described in Subsection
244     (6)[(c)](b)(i) by an amount not to exceed the average percentage tuition increase approved by
245     the board for institutions in the state system of higher education.
246          [(d)] (c) The scholarship is valid for the shortest of the following time periods:
247          (i) two years of full-time equivalent enrollment;
248          (ii) 60 credit hours; or
249          (iii) until the student meets the requirements for a baccalaureate degree.
250          [(e)] (d) (i) A scholarship holder shall enroll full-time at a higher education institution
251     by no later than the fall term immediately following the student's high school graduation date
252     or receive an approved deferral from the board.
253          (ii) The board may grant a deferral or leave of absence to a scholarship holder, but the
254     [student] scholarship holder may only receive scholarship money within five years of the
255     student's high school graduation date.
256          (e) For a scholarship for which a student applies after October 1, 2019:
257          (i) the board shall reduce the amount of the scholarship holder's scholarship so that the
258     total amount of state aid awarded to the scholarship holder, including the scholarship, does not
259     exceed the cost of the scholarship holder's tuition and fees; and
260          (ii) the scholarship holder may only used the scholarship for tuition and fees.
261          (7) The board may cancel a New Century scholarship at any time if the student fails to:
262          (a) register for at least 15 credit hours per semester;
263          (b) maintain a 3.3 grade point average for two consecutive semesters; or
264          (c) make reasonable progress toward the completion of a baccalaureate degree.
265          (8) (a) Subject to future budget constraints, the Legislature shall make an annual
266     appropriation from the General Fund to the board for the costs associated with the New
267     Century Scholarship Program authorized under this section.
268          (b) It is understood that the appropriation is offset in part by the state money that would
269     otherwise be required and appropriated for these students if they were enrolled in a four-year
270     postsecondary program at a state-operated institution.
271          (c) Notwithstanding Subsections (2)(a) and (6), if the appropriation under Subsection
272     (8)(a) is insufficient to cover the costs associated with the New Century Scholarship Program,
273     the board may reduce the scholarship amount.
274          (d) If money appropriated under this section is available after New Century
275     scholarships are awarded, the board shall use the money for the Access Utah Promise
276     Scholarship Program created in Section 53B-8-302.
277          (9) (a) The board shall adopt policies establishing an application process and an appeal
278     process for a New Century scholarship.
279          (b) The board shall disclose on all applications and related materials that the amount of
280     the scholarship is subject to funding and may be reduced, in accordance with Subsection (8)(c).
281          (c) The board shall require an applicant for a New Century scholarship to certify under
282     penalty of perjury that:
283          (i) the applicant is a United States citizen; or
284          (ii) the applicant is a noncitizen who is eligible to receive federal student aid.
285          (d) The certification under this Subsection (9) shall include a statement advising the
286     signer that providing false information subjects the signer to penalties for perjury.
287          (10) The board may set deadlines for receiving New Century scholarship applications
288     and supporting documentation.
289          (11) A student may not receive both a New Century scholarship and a Regents'
290     scholarship established in Part 2, Regents' Scholarship Program.
291          Section 5. Section 53B-8-112 is amended to read:
292          53B-8-112. Public Safety Officer Career Advancement Reimbursement Program.
293          (1) The Public Safety Officer Career Advancement Reimbursement Program is created.
294          (2) (a) Notwithstanding the provisions in this section, the board may not reimburse an
295     individual for an academic year that begins on or after July 1, 2019.
296          (b) Subject to legislative appropriations and Subsection (7) the board shall reimburse
297     an applicant who:
298          [(a)] (i) is a certified peace officer, currently employed by a law enforcement agency
299     within the state;
300          [(b)] (ii) has been employed as a certified peace officer for three or more consecutive
301     years;
302          [(c)] (iii) is seeking a post-secondary degree in the area of criminal justice from a
303     credit-granting higher education institution within the state system of higher education,
304     described in Section 53B-1-102; and
305          [(d)] (iv) is employed as a peace officer for one year following completion of the
306     academic year for which the individual is seeking reimbursement.
307          (3) Individuals who qualify for reimbursement from the Public Safety Officer Career
308     Advancement Reimbursement [program] Program may apply for reimbursement by July 1 one
309     year after each academic year for which they are requesting reimbursement.
310          (4) Subject to Legislative appropriations, of the funds appropriated for the [Peace]
311     Public Safety Officer Career Advancement Reimbursement Program:
312          (a) 25% of the annual appropriation shall be designated for applicants who are
313     currently employed by a law enforcement agency with jurisdiction in a county of the third or
314     fourth class; and
315          (b) 12% of the annual appropriation shall be designated for applicants who are
316     currently employed by a law enforcement agency with jurisdiction in a county of the fifth or
317     sixth class.
318          (5) (a) A qualified applicant may be reimbursed up to half of the cost of tuition and
319     fees.
320          (b) A reimbursement under Subsection (5)(a) is limited to:
321          (i) a maximum of $5,000 each academic year; and
322          (ii) a maximum of eight academic years.
323          (6) (a) The board shall make rules in accordance with Title 63G, Chapter 3, Utah
324     Administrative Rulemaking Act, to:
325          (i) set deadlines for receiving reimbursement applications and supporting
326     documentation; and
327          (ii) establish the application process and an appeal process for a reimbursement from
328     the [Peace] Public Safety Officer Career Advancement Reimbursement Program, including
329     procedures to allow for online application submittals.
330          (b) The board shall include a disclosure on all applications and related materials that
331     the amount of the awarded reimbursements may be subject to funding or be reduced, in
332     accordance with Subsection (7).
333          (7) (a) Subject to future budget constraints, the Legislature shall make an annual
334     appropriation from the Education Fund to the board for the costs associated with the [Peace]
335     Public Safety Officer Career Advancement Reimbursement Program authorized under this
336     section.
337          (b) Notwithstanding the provisions of this section, if the appropriation under this
338     section is insufficient to cover the costs associated with the [Peace] Public Safety Officer
339     Career Advancement Reimbursement Program, the board may reduce the amount of a
340     reimbursement.
341          (c) Any individual who is denied reimbursement because of insufficient funds
342     appropriated may re-apply for reimbursement up to two years after the first year of eligibility.
343          Section 6. Section 53B-8-114 is enacted to read:
344          53B-8-114. Continuation of previously authorized scholarships.
345          (1) As used in this section:
346          (a) "Institution of higher education" means an institution that awards money through a
347     program described in Subsection (2)(a).
348          (b) "Scholarship term" means the length of time during which an individual is eligible
349     to receive award money through a program described in Subsection (2)(a).
350          (2) The board or an institution of higher education:
351          (a) beginning on July 1, 2019, may not accept a new application for an award described
352     in:
353          (i) Section 53B-6-105.7, which describes engineering and computer technology
354     scholarships; or
355          (ii) Section 53B-8-112, which describes a reimbursement for public safety officers; and
356          (b) may pay, through the end of the scholarship term, an award through a program
357     described in Subsection (2)(a) to an individual whose application for the program was accepted
358     before the applicable date described in Subsection (2)(a).
359          Section 7. Section 53B-8-201 is amended to read:
360          53B-8-201. Regents' Scholarship Program.
361          (1) As used in this section:
362          (a) "Eligible institution" means[:(i) a credit-granting] an institution of higher education
363     within the state system of higher education described in Section 53B-1-102[; or].
364          [(ii) a private, nonprofit college or university in the state that is accredited by the
365     Northwest Commission on Colleges and Universities.]
366          (b) "Eligible student" means a student who:
367          (i) applies to the board in accordance with the rules described in Subsection (6);
368          (ii) is enrolled in an eligible institution; and
369          (iii) meets the criteria established by the board in rules described in Subsection (6).
370          (c) "Fee" means:
371          (i) for an eligible institution that is part of the Utah System of Higher Education, a fee
372     approved by the board; or
373          (ii) for an eligible institution that is a technical college, a fee approved by the eligible
374     institution.
375          [(c)] (d) "Program" means the Regents' Scholarship Program described in this section.
376          (2) (a) A student who graduates from high school after July 1, 2018:
377          (i) may receive a Regents' scholarship in accordance with this section; and
378          (ii) may not [may] receive a scholarship in accordance with Sections 53B-8-202
379     through 53B-8-205.
380          (b) A student who graduates from high school on or before July 1, 2018:
381          (i) may receive a scholarship in accordance with Sections 53B-8-202 through
382     53B-8-205; and
383          (ii) may not receive a Regents' scholarship in accordance with this section.
384          (3) (a) Subject to legislative appropriations and Subsection (3)(d), beginning with an
385     appropriation for fiscal year 2019, the board shall annually distribute money for the Regents'
386     Scholarship Program described in this section to each eligible institution to award as Regents'
387     scholarships to eligible students.
388          (b) The board shall annually determine the amount of a Regents' scholarship based on:
389          (i) the number of eligible students in the state; and
390          (ii) money available for the program.
391          (c) The board shall annually determine the total amount of money to distribute to an
392     eligible institution based on the eligible institution's share of all eligible students in the state.
393          [(d) An eligible institution that is a private, nonprofit college or university shall, to
394     receive money distributed by the board described in Subsection (3)(a), enter into a written
395     agreement with the board in which the eligible institution agrees to:]
396          [(i) provide the board with access to information and data necessary for the purposes of
397     the program; and]
398          [(ii) comply with an audit by the board described in Subsection (5) if the board
399     conducts an audit.]
400          (4) (a) Except as provided in Subsection (4)(b) or (c), an eligible institution shall
401     provide to an eligible student a Regents' scholarship in the amount determined by the board
402     described in Subsection (3)(b).
403          (b) [An] For a Regents' scholarship for which an eligible student applies on or before
404     July 1, 2019, an eligible institution may reduce the amount of [a] the Regents' scholarship
405     [provided to an eligible student] based on other state aid awarded to the eligible student for
406     tuition and fees.
407          (c) For a Regents' scholarship for which an eligible student applies after July 1, 2019:
408          (i) an eligible institution shall reduce the amount of the Regents' scholarship so that the
409     total amount of state aid awarded to the eligible student, including the Regents' scholarship,
410     does not exceed the cost of the eligible student's tuition and fees; and
411          (ii) the eligible student may only use the Regents' scholarship for tuition and fees.
412          (5) The board may:
413          (a) audit an eligible institution's administration of Regents' scholarships; and
414          (b) require an eligible institution to repay to the board money distributed to the eligible
415     institution under this section that is not provided to an eligible student as a Regents'
416     scholarship.
417          (6) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
418     the board shall make rules that establish:
419          [(a)] (i) requirements related to an eligible institution's administration of Regents'
420     scholarships;
421          [(b)] (ii) a process for a student to apply to the board to determine the student's
422     eligibility for a Regents' scholarship;
423          [(c)] (iii) criteria to determine a student's eligibility for a Regents' scholarship,
424     including:
425          [(i)] (A) minimum secondary education academic performance standards;
426          [(ii)] (B) the completion of secondary core curriculum and graduation requirements;
427          [(iii)] (C) the completion of a Free Application for Federal Student Aid;
428          [(iv)] (D) need-based measures that address college affordability and access; and
429          [(v)] (E) minimum enrollment requirements in an eligible institution; and
430          [(d)] (iv) a requirement for each eligible institution to annually report to the board on
431     all Regents' scholarships awarded by the eligible institution.
432          (b) In making rules described in Subsection (6)(a) that apply to a technical college, the
433     board shall consult with the Utah System of Technical Colleges Board of Trustees.
434          (7) The board shall annually report on the program to the Higher Education
435     Appropriations Subcommittee.
436          (8) (a) The State Board of Education, a school district, or a public high school shall
437     cooperate with the board and eligible institutions to facilitate the program, including by
438     exchanging relevant data where allowed by law.
439          (b) The State Board of Education shall annually provide to the board a list of directory
440     information, including name and address, for each grade 8 student in the state.
441          (9) Notwithstanding the provisions in this section, a private, nonprofit college or
442     university in the state that is accredited by the Northwest Commission on Colleges and
443     Universities is an eligible institution for purposes of providing a Regents' scholarship to an
444     eligible student who applies for a Regents' scholarship on or before July 1, 2019.
445          (10) If money appropriated under this section is available after Regents' scholarships
446     are awarded, the board shall use the money for the Access Utah Promise Scholarship Program
447     created in Section 53B-8-302.
448          Section 8. Section 53B-8-301 is enacted to read:
449     
Part 3. Access Utah Promise Scholarship Program

450          53B-8-301. Definitions.
451          As used in this part:
452          (1) "Access Utah promise scholarship" or "promise scholarship" means a scholarship
453     described in Section 53B-8-303.
454          (2) "Eligible individual" means an individual who:
455          (a) applies for a promise scholarship in accordance with Section 53B-8-303; and
456          (b) meets the eligibility requirements described in Section 53B-8-303.
457          (3) "Fee" means:
458          (a) for an institution that is part of the Utah System of Higher Education, a fee
459     approved by the board; or
460          (b) for an institution that is a technical college, a fee approved by the institution.
461          (4) "Institution of higher education" or "institution" means an institution described in
462     Section 53B-1-102.
463          (5) "Membership hour" means 60 minutes of scheduled instruction provided by an
464     institution to a student enrolled in a noncredit certificate program.
465          (6) "Partner award" means a financial award described in Section 53B-8-304.
466          (7) "Promise partner" means an employer that participates in the program described in
467     Section 53B-8-304.
468          Section 9. Section 53B-8-302 is enacted to read:
469          53B-8-302. Access Utah Promise Scholarship Program.
470          (1) There is created the Access Utah Promise Scholarship Program, which includes:
471          (a) promise scholarships described Section 53B-8-303; and
472          (b) partner awards described in Section 53B-8-304.
473          (2) The board may not allocate more than 20% of a legislative appropriation for the
474     Access Utah Promise Scholarship Program for partner awards.
475          Section 10. Section 53B-8-303 is enacted to read:
476          53B-8-303. Access Utah promise scholarships.
477          (1) An individual may apply for a promise scholarship in accordance with the rules
478     described in Subsection (8).
479          (2) An individual is eligible to receive a promise scholarship if the individual:
480          (a) (i) has a high school diploma or the equivalent; and
481          (ii) does not have an associate or higher postsecondary degree;
482          (b) demonstrates financial need, in accordance with the rules described in Subsection
483     (8);
484          (c) is a Utah resident;
485          (d) enrolls in an institution; and
486          (e) accepts all other grants and scholarships offered to the individual to attend the
487     institution in which the individual enrolls.
488          (3) Subject to legislative appropriations, and in accordance with the rules described in
489     Subsection (8), the board shall annually distribute money for promise scholarships to each
490     institution.
491          (4) (a) Except as provided in Subsection (4)(d), an institution shall award a promise
492     scholarship to an eligible individual.
493          (b) For a promise scholarship recipient, an institution shall:
494          (i) evaluate the recipient's knowledge, skills, and competencies acquired through
495     formal or informal education outside the traditional postsecondary academic environment; and
496          (ii) award credit, as applicable, for the recipient's prior learning described in Subsection
497     (4)(b)(i).
498          (c) An institution shall award a promise scholarship in an amount that is equal to the
499     difference between:
500          (i) the total cost of tuition and fees for the program in which the recipient is enrolled;
501     and
502          (ii) the total value of all other grants, fee waivers, and scholarships received by the
503     recipient to attend the institution.
504          (d) If an institution's distribution described in Subsection (3) is insufficient to award a
505     promise scholarship to each eligible individual in the amount described in Subsection (4)(c),
506     the institution:
507          (i) shall, when possible, use other funding sources to fully fund the amount described
508     in Subsection (4)(c) for each eligible individual; and
509          (ii) may prioritize promise scholarships based on financial need in accordance with the
510     rules described in Subsection (8).
511          (e) An institution may use up to 3% of the institution's distribution described in
512     Subsection (3) for administration.
513          (5) (a) Subject to Subsection (5)(b), an institution shall continue to award a promise
514     scholarship to a recipient who meets the requirements established by the board in the rules
515     described in Subsection (8) until the earliest of the following:
516          (i) two years after the individual initially receives a promise scholarship;
517          (ii) the recipient uses a promise scholarship to attend an institution for four semesters;
518          (iii) the recipient completes the requirements for an associate degree; or
519          (iv) if the recipient attends an institution that does not offer associate degrees, the
520     recipient has 60 earned credit hours.
521          (b) A recipient may not use a promise scholarship to complete more than 900
522     membership hours.
523          (6) A recipient may only use a promise scholarship for tuition and fees.
524          (7) A promise scholarship is transferable between institutions.
525          (8) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
526     and Subsection (8)(b), the board shall make rules to establish:
527          (i) requirements related to whether an individual is eligible for a promise scholarship,
528     including:
529          (A) a process for an eligible individual to defer a promise scholarship;
530          (B) how an individual demonstrates financial need for purposes of receiving a promise
531     scholarship; and
532          (C) how to determine whether an individual is a Utah resident;
533          (ii) a process and requirements for an individual to apply for a promise scholarship;
534          (iii) a formula to determine the distributions to each institution described in Subsection
535     (3) that takes into account:
536          (A) the cost of tuition and fees for programs offered by institutions; and
537          (B) the number of eligible individuals who attend each institution;
538          (iv) how an institution may prioritize awarding scholarships based on the financial
539     needs of eligible individuals;
540          (v) conditions a recipient is required to meet to continue to receive a promise
541     scholarship, including requirements related to academic achievement and enrollment status;
542     and
543          (vi) a requirement that in communicating about promise scholarships to recipients and
544     potential recipients, the board and institutions do not portray the Access Utah Promise
545     Scholarship Program as a program that is guaranteed to be in effect indefinitely.
546          (b) In making the rules described in Subsection (8)(a), the board shall consult with the
547     Utah System of Technical Colleges Board of Trustees.
548          (9) On or before November 1 each year, the board shall report to the Higher Education
549     Appropriations Subcommittee regarding promise scholarships, including:
550          (a) the number of scholarships awarded; and
551          (b) whether the promise scholarship program is effective in helping underserved
552     students access higher education.
553          Section 11. Section 53B-8-304 is enacted to read:
554          53B-8-304. Utah promise partners.
555          (1) In consultation with the Talent Ready Utah Center created in Section 63N-12-502,
556     and in accordance with Subsection (2), the board shall select employers to be promise partners.
557          (2) The board may select an employer as a promise partner if the employer:
558          (a) applies to the board to be a promise partner; and
559          (b) meets other requirements established by the board in the rules described in
560     Subsection (5).
561          (3) An individual employed by a promise partner is eligible to receive a partner award
562     if the individual:
563          (a) applies for a partner award;
564          (b) is admitted to and enrolled in an institution;
565          (c) is a Utah resident;
566          (d) does not have an associate or higher postsecondary degree;
567          (e) meets requirements established by the promise partner related to a partner award;
568     and
569          (f) maintains the eligibility requirements described in this Subsection (3) for the full
570     length of time the individual receives the partner award.
571          (4) (a) Subject to legislative appropriations and Subsection (4)(b), the board shall
572     award a partner award to an individual who meets the requirements described in Subsection
573     (3).
574          (b) The board may:
575          (i) award a partner award for up to the portion of tuition and fees for a program at an
576     institution that is not covered by an employer reimbursement described in Subsection (5)(b);
577     and
578          (ii) prioritize awarding partner awards if an appropriation for partner awards is not
579     sufficient to provide a partner award to each individual who is eligible under Subsection (3).
580          (c) (i) Subject to Subsection (4)(c)(ii), the board may continue to award a partner award
581     to a recipient who meets the requirements described in Subsection (3) until the earliest of the
582     following:
583          (A) two years after the individual initially receives a partner award;
584          (B) the recipient uses a partner award to attend an institution for four semesters;
585          (C) the recipient completes the requirements for an associate degree; or
586          (D) if the recipient attends an institution that does not offer associate degrees, the
587     recipient has 60 earned credit hours.
588          (ii) A recipient may not use a partner award to complete more than 900 membership
589     hours.
590          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
591     board shall make rules that establish:
592          (a) requirements for an employer to seek and receive approval from the board for the
593     employer's employees to receive partner awards;
594          (b) requirements related to an employer providing reimbursement to an employee who
595     receives a partner award for a portion of the employee's tuition and fees;
596          (c) a process for an individual to apply for a partner award;
597          (d) criteria for the board to prioritize awarding partner awards; and
598          (e) a requirement that an institution shall, for a recipient of a partner award:
599          (i) evaluate the recipient's knowledge, skills, and competencies acquired through
600     formal or informal education outside the traditional postsecondary academic environment; and
601          (ii) award credit, as applicable, for the recipient's prior learning described in Subsection
602     (5)(e)(i).
603          Section 12. Section 63G-12-402 is amended to read:
604          63G-12-402. Receipt of state, local, or federal public benefits -- Verification --
605     Exceptions -- Fraudulently obtaining benefits -- Criminal penalties -- Annual report.
606          (1) (a) Except as provided in Subsection (3) or when exempted by federal law, an
607     agency or political subdivision of the state shall verify the lawful presence in the United States
608     of an individual at least 18 years of age who applies for:
609          (i) a state or local public benefit as defined in 8 U.S.C. Sec. 1621; or
610          (ii) a federal public benefit as defined in 8 U.S.C. Sec. 1611, that is administered by an
611     agency or political subdivision of this state.
612          (b) For purpose of a license issued under Title 58, Chapter 55, Utah Construction
613     Trades Licensing Act, to an applicant that is an unincorporated entity, the Department of
614     Commerce shall verify in accordance with this Subsection (1) the lawful presence in the United
615     States of each individual who:
616          (i) owns an interest in the contractor that is an unincorporated entity; and
617          (ii) engages, or will engage, in a construction trade in Utah as an owner of the
618     contractor described in Subsection (1)(b)(i).
619          (2) This section shall be enforced without regard to race, religion, gender, ethnicity, or
620     national origin.
621          (3) Verification of lawful presence under this section is not required for:
622          (a) any purpose for which lawful presence in the United States is not restricted by law,
623     ordinance, or regulation;
624          (b) assistance for health care items and services that:
625          (i) are necessary for the treatment of an emergency medical condition, as defined in 42
626     U.S.C. Sec. 1396b(v)(3), of the individual involved; and
627          (ii) are not related to an organ transplant procedure;
628          (c) short-term, noncash, in-kind emergency disaster relief;
629          (d) public health assistance for immunizations with respect to immunizable diseases
630     and for testing and treatment of symptoms of communicable diseases whether or not the
631     symptoms are caused by the communicable disease;
632          (e) programs, services, or assistance such as soup kitchens, crisis counseling and
633     intervention, and short-term shelter, specified by the United States Attorney General, in the
634     sole and unreviewable discretion of the United States Attorney General after consultation with
635     appropriate federal agencies and departments, that:
636          (i) deliver in-kind services at the community level, including through public or private
637     nonprofit agencies;
638          (ii) do not condition the provision of assistance, the amount of assistance provided, or
639     the cost of assistance provided on the income or resources of the individual recipient; and
640          (iii) are necessary for the protection of life or safety;
641          (f) the exemption for paying the nonresident portion of total tuition as set forth in
642     Section 53B-8-106;
643          (g) an applicant for a license under Section 61-1-4, if the applicant:
644          (i) is registered with the Financial Industry Regulatory Authority; and
645          (ii) files an application with the state Division of Securities through the Central
646     Registration Depository;
647          (h) a state public benefit to be given to an individual under Title 49, Utah State
648     Retirement and Insurance Benefit Act;
649          (i) a home loan that will be insured, guaranteed, or purchased by:
650          (i) the Federal Housing Administration, the Veterans Administration, or any other
651     federal agency; or
652          (ii) an enterprise as defined in 12 U.S.C. Sec. 4502;
653          (j) a subordinate loan or a grant that will be made to an applicant in connection with a
654     home loan that does not require verification under Subsection (3)(i);
655          (k) an applicant for a license issued by the Department of Commerce or individual
656     described in Subsection (1)(b), if the applicant or individual provides the Department of
657     Commerce:
658          (i) certification, under penalty of perjury, that the applicant or individual is:
659          (A) a United States citizen;
660          (B) a qualified alien as defined in 8 U.S.C. Sec. 1641; or
661          (C) lawfully present in the United States; and
662          (ii) (A) the number assigned to a driver license or identification card issued under Title
663     53, Chapter 3, Uniform Driver License Act; or
664          (B) the number assigned to a driver license or identification card issued by a state other
665     than Utah if, as part of issuing the driver license or identification card, the state verifies an
666     individual's lawful presence in the United States; and
667          (l) an applicant for:
668          (i) a Regents' scholarship described in Title 53B, Chapter 8, Part 2, Regents'
669     Scholarship Program;
670          (ii) a New Century scholarship described in Section 53B-8-105; [or]
671          (iii) a promise scholarship described in Section 53B-8-303; or
672          [(iii)] (iv) a privately funded scholarship:
673          (A) for an individual who is a graduate of a high school located within Utah; and
674          (B) administered by an institution of higher education as defined in Section 53B-2-101.
675          (4) (a) An agency or political subdivision required to verify the lawful presence in the
676     United States of an applicant under this section shall require the applicant to certify under
677     penalty of perjury that:
678          (i) the applicant is a United States citizen; or
679          (ii) the applicant is:
680          (A) a qualified alien as defined in 8 U.S.C. Sec. 1641; and
681          (B) lawfully present in the United States.
682          (b) The certificate required under this Subsection (4) shall include a statement advising
683     the signer that providing false information subjects the signer to penalties for perjury.
684          (5) An agency or political subdivision shall verify a certification required under
685     Subsection (4)(a)(ii) through the federal SAVE program.
686          (6) (a) An individual who knowingly and willfully makes a false, fictitious, or
687     fraudulent statement or representation in a certification under Subsection (3)(k) or (4) is subject
688     to the criminal penalties applicable in this state for:
689          (i) making a written false statement under Subsection 76-8-504(2); and
690          (ii) fraudulently obtaining:
691          (A) public assistance program benefits under Sections 76-8-1205 and 76-8-1206; or
692          (B) unemployment compensation under Section 76-8-1301.
693          (b) If the certification constitutes a false claim of United States citizenship under 18
694     U.S.C. Sec. 911, the agency or political subdivision shall file a complaint with the United
695     States Attorney General for the applicable district based upon the venue in which the
696     application was made.
697          (c) If an agency or political subdivision receives verification that a person making an
698     application for a benefit, service, or license is not a qualified alien, the agency or political
699     subdivision shall provide the information to the Office of the Attorney General unless
700     prohibited by federal mandate.
701          (7) An agency or political subdivision may adopt variations to the requirements of this
702     section that:
703          (a) clearly improve the efficiency of or reduce delay in the verification process; or
704          (b) provide for adjudication of unique individual circumstances where the verification
705     procedures in this section would impose an unusual hardship on a legal resident of Utah.
706          (8) It is unlawful for an agency or a political subdivision of this state to provide a state,
707     local, or federal benefit, as defined in 8 U.S.C. Sec. 1611 and 1621, in violation of this section.
708          (9) A state agency or department that administers a program of state or local public
709     benefits shall:
710          (a) provide an annual report to the governor, the president of the Senate, and the
711     speaker of the House regarding its compliance with this section; and
712          (b) (i) monitor the federal SAVE program for application verification errors and
713     significant delays;
714          (ii) provide an annual report on the errors and delays to ensure that the application of
715     the federal SAVE program is not erroneously denying a state or local benefit to a legal resident
716     of the state; and
717          (iii) report delays and errors in the federal SAVE program to the United States
718     Department of Homeland Security.
719          Section 13. Section 63I-2-253 is amended to read:
720          63I-2-253. Repeal dates -- Titles 53 through 53G.
721          [(1) Section 53A-24-602 is repealed July 1, 2018.]
722          [(2)] (1) (a) Subsections 53B-2a-103(2) and (4) are repealed July 1, 2019.
723          (b) When repealing Subsections 53B-2a-103(2) and (4), the Office of Legislative
724     Research and General Counsel shall, in addition to its authority under Subsection 36-12-12(3),
725     make necessary changes to subsection numbering and cross references.
726          [(3)] (2) (a) Subsection 53B-2a-108(5) is repealed July 1, 2022.
727          (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
728     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
729     necessary changes to subsection numbering and cross references.
730          (3) Section 53B-6-105.7 is repealed July 1, 2024.
731          (4) (a) Subsection 53B-7-705(6)(b)(ii)(A), the language that states "Except as provided
732     in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
733          (b) Subsection 53B-7-705(6)(b)(ii)(B) is repealed July 1, 2021.
734          (5) (a) Subsection 53B-7-707(4)(a)(ii), the language that states "Except as provided in
735     Subsection (4)(b)," is repealed July 1, 2021.
736          (b) Subsection 53B-7-707(4)(b) is repealed July 1, 2021.
737          (6) Section 53B-8-112 is repealed July 1, 2024.
738          (7) Section 53B-8-114 is repealed July 1, 2024.
739          [(6)] (8) (a) The following sections are repealed on July 1, 2023:
740          (i) Section 53B-8-202;
741          (ii) Section 53B-8-203;
742          (iii) Section 53B-8-204; and
743          (iv) Section 53B-8-205.
744          (b) (i) Subsection 53B-8-201(2) is repealed on July 1, 2023.
745          (ii) When repealing Subsection 53B-8-201(2), the Office of Legislative Research and
746     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
747     necessary changes to subsection numbering and cross references.
748          [(7)] (9) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
749     repealed July 1, 2023.
750          [(8)] (10) Subsection 53E-5-306(3)(b)(ii)(B) is repealed July 1, 2020.
751          [(9)] (11) Section 53E-5-307 is repealed July 1, 2020.
752          [(10)] (12) Subsections 53F-2-205(4) and (5), the language that states "or 53F-2-301.5,
753     as applicable" is repealed July 1, 2023.
754          [(11)] (13) Subsection 53F-2-301(1) is repealed July 1, 2023.
755          [(12)] (14) Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
756     applicable" is repealed July 1, 2023.
757          [(13)] (15) Section 53F-4-204 is repealed July 1, 2019.
758          [(14)] (16) Section 53F-6-202 is repealed July 1, 2020.
759          [(15)] (17) Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
760     applicable" is repealed July 1, 2023.
761          [(16)] (18) Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
762     applicable" is repealed July 1, 2023.
763          [(17)] (19) Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
764     applicable" is repealed July 1, 2023.
765          [(18)] (20) Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5, as
766     applicable" is repealed July 1, 2023.
767          [(19)] (21) On July 1, 2023, when making changes in this section, the Office of
768     Legislative Research and General Counsel shall, in addition to the office's authority under
769     Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
770     identified in this section are complete sentences and accurately reflect the office's perception of
771     the Legislature's intent.
772          Section 14. Repealer.
773          This bill repeals:
774          Section 53B-8-113, Reporting.
775          Section 15. Appropriation.
776          The following sums of money are appropriated for the fiscal year beginning July 1,
777     2019, and ending June 30, 2020. These are additions to amounts previously appropriated for
778     fiscal year 2020. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
779     Act, the Legislature appropriates the following sums of money from the funds or accounts
780     indicated for the use and support of the government of the state of Utah.
781     ITEM 1
782          To Board of Regents - Student Assistance
783               From Education Fund, One-time
$30,000,000

784               Schedule of Programs:
785                    Access Utah Promise Scholarship Program     $30,000,000
786          The Legislature intends that:
787          (1) appropriations under this item be used for the Access Utah Promise Scholarship
788     Program described in Title 53B, Chapter 8, Part 3, Access Utah Promise Scholarship Program;
789          (2) the State Board of Regents use money as it becomes available as new awards are no
790     longer granted through a program described in Section 53B-8-114 for the Access Utah Promise
791     Scholarship Program described in Title 53B, Chapter 8, Part 3, Access Utah Promise
792     Scholarship Program; and
793          (3) under Section 64J-1-603, appropriations provided under this item not lapse at the
794     close of fiscal year 2020 and the use of any nonlapsing funds is limited to the purposes
795     described in Title 53B, Chapter 8, Part 3, Access Utah Promise Scholarship Program.
796          Section 16. Coordinating H.B. 260 with S.B. 14 -- Substantive language.
797          If this H.B. 260 and S.B. 14, Education Reporting Requirements, both pass and become
798     law, it is the intent of the Legislature that the Office of Legislative Research and General
799     Counsel prepare the Utah Code database for publication by:
800          (1) inserting the following language as a new Subsection 53B-1-301(1)(g):
801          "(g) the report described in Section 53B-8-303 by the State Board of Regents regarding
802     Access Utah promise scholarships;";
803          (2) deleting the language in Subsection 53B-1-301(1)(e) that reads "(e) the report
804     described in Section 53B-8-113 by the board on the Public Safety Officer Career Advancement
805     Reimbursement Program;"; and
806          (3) renumbering remaining subsections accordingly.