Senator Evan J. Vickers 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     Cosponsors:
7     Cheryl K. Acton
8     Carl R. Albrecht
9     Walt Brooks
10     Scott H. Chew
Jennifer Dailey-Provost
Susan Duckworth
Suzanne Harrison
Karen Kwan
Marie H. Poulson
Lawanna Shurtliff
Christine F. Watkins
Mike Winder
11     

12     LONG TITLE
13     General Description:
14          This bill creates the Access Utah Promise Scholarship Program and amends and repeals
15     certain other scholarship programs.
16     Highlighted Provisions:
17          This bill:
18          ▸     defines terms;
19          ▸     creates the Access Utah Promise Scholarship Program;
20          ▸     enacts provisions related to promise scholarships, including provisions related to:
21               •     eligibility; and
22               •     the amount awarded for a promise scholarship;
23          ▸     enacts provisions related to promise partner awards, including provisions related to:
24               •     eligibility, including requirements for employers who intend to participate as
25     promise partners; and
26               •     administration of the program;
27          ▸     prohibits the State Board of Regents (board) and institutions of higher education
28     from accepting applications for certain previously authorized scholarships after
29     certain dates;
30          ▸     allows an individual who received certain scholarships before certain dates to
31     receive the scholarships until the end of the scholarship term;
32          ▸     amends provisions related to a Regents' scholarship and a New Century Scholarship,
33     including:
34               •     the maximum amount of a scholarship;
35               •     the postsecondary institutions at which a student may use a scholarship; and
36               •     allowable uses for a scholarship;
37          ▸     requires the board to make administrative rules;
38          ▸     allows the board to use certain existing funds for administrative costs associated
39     with certain scholarships;
40          ▸     provides repeal dates; and
41          ▸     makes technical and conforming changes.
42     Money Appropriated in this Bill:
43          This bill appropriates in fiscal year 2020:
44          ▸     to the State Board of Regents - Student Assistance - Access Utah Promise
45     Scholarship Program, as an ongoing appropriation:
46               •     from the Education Fund, $2,000,000.
47     Other Special Clauses:
48          This bill provides a coordination clause.
49     Utah Code Sections Affected:
50     AMENDS:
51          53B-6-105, as last amended by Laws of Utah 2009, Chapters 210 and 370
52          53B-6-105.5, as last amended by Laws of Utah 2013, Chapter 49
53          53B-6-105.7, as last amended by Laws of Utah 2009, Chapter 210
54          53B-8-105, as last amended by Laws of Utah 2017, Chapter 386
55          53B-8-112, as enacted by Laws of Utah 2017, Chapter 426
56          53B-8-201, as enacted by Laws of Utah 2017, Chapter 386
57          63G-12-402, as last amended by Laws of Utah 2017, Chapter 386
58          63I-2-253, as last amended by Laws of Utah 2018, Chapters 107, 281, 382, 415, and
59     456
60     ENACTS:
61          53B-8-114, Utah Code Annotated 1953
62          53B-8-301, Utah Code Annotated 1953
63          53B-8-302, Utah Code Annotated 1953
64          53B-8-303, Utah Code Annotated 1953
65          53B-8-304, Utah Code Annotated 1953
66     REPEALS:
67          53B-8-113, as enacted by Laws of Utah 2017, Chapter 426
68     Utah Code Sections Affected by Coordination Clause:
69          53B-1-301, Utah Code Annotated 1953
70     

71     Be it enacted by the Legislature of the state of Utah:
72          Section 1. Section 53B-6-105 is amended to read:
73          53B-6-105. Engineering and Computer Technology Initiative.
74          (1) The Legislature recognizes that a significant increase in the number of engineering,
75     computer science, and related technology graduates from the state system of higher education is
76     required over the next several years to advance the intellectual, cultural, social, and economic
77     well-being of the state and its citizens.
78          (2) (a) (i) The [State Board of Regents] board shall therefore develop, establish, and
79     maintain an Engineering and Computer Science Initiative within the state system of higher
80     education to double the number of graduates in engineering, computer science, and related
81     technology by 2006 and triple the number of graduates by 2009.
82          (ii) The board shall make [a rule] rules in accordance with Title 63G, Chapter 3, Utah
83     Administrative Rulemaking Act, providing the criteria for those fields of study that qualify as
84     "related technology" under this section and [Sections 53B-6-105.7 and] Section 53B-6-105.9.
85          (b) The initiative shall include components that:
86          (i) improve the quality of instructional programs in engineering, computer science, and
87     related technology by providing supplemental money for equipment purchases; and
88          [(ii) provide incentives to:]
89          [(A) students through a scholarship program under Section 53B-6-105.7; and]
90          [(B)] (ii) provide incentives to institutions to hire and retain faculty under Section
91     53B-6-105.9.
92          (3) The increase in program capacity under Subsection (2)(a) shall include funding for
93     new and renovated capital facilities and funding for new engineering and computer science
94     programs.
95          (4) The Legislature shall provide an annual appropriation to the [State Board of
96     Regents] board to fund the initiative.
97          Section 2. Section 53B-6-105.5 is amended to read:
98          53B-6-105.5. Technology Initiative Advisory Board -- Composition -- Duties.
99          (1) There is created a Technology Initiative Advisory Board to assist and make
100     recommendations to the State Board of Regents in its administration of the Engineering and
101     Computer Science Initiative established under Section 53B-6-105.
102          (2) (a) The advisory board shall consist of individuals appointed by the governor from
103     business and industry who have expertise in the areas of engineering, computer science, and
104     related technologies.
105          (b) The advisory board shall select a chair and cochair.
106          (c) The advisory board shall meet at the call of the chair.
107          (d) The State Board of Regents, through the commissioner of higher education, shall
108     provide staff support for the advisory board.
109          (3) A member of an advisory board may not receive compensation or benefits for the
110     member's service, but may receive per diem and travel expenses in accordance with:
111          (a) Section 63A-3-106;
112          (b) Section 63A-3-107; and
113          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
114     63A-3-107.
115          (4) The advisory board shall:
116          (a) make recommendations to the State Board of Regents on the allocation and
117     distribution of money appropriated to fund:
118          (i) the faculty incentive program established in Section 53B-6-105.9; and
119          (ii) equipment purchases required to improve the quality of instructional programs in
120     engineering, computer science, and related technology; [and]
121          [(iii) the scholarship program established in Section 53B-6-105.7.]
122          (b) prepare a strategic plan that details actions required by the State Board of Regents
123     to meet the intent of the Engineering and Technology Science Initiative;
124          (c) review and assess engineering, computer science, and related technology programs
125     currently being offered at higher education institutions and their impact on the economic
126     prosperity of the state;
127          (d) provide the State Board of Regents with an assessment and reporting plan that:
128          (i) measures results against expectations under the initiative, including verification of
129     the matching requirements for institutions of higher education to receive money under Section
130     53B-6-105.9; and
131          (ii) includes an analysis of market demand for technical employment, program
132     articulation among higher education institutions in engineering, computer science, and related
133     technology, tracking of student placement, student admission to the initiative program by
134     region, transfer rates, and retention in and graduation rates from the initiative program; and
135          (e) make an annual report of its activities to the State Board of Regents.
136          (5) The annual report of the Technology Initiative Advisory Board shall include the
137     summary report of the institutional matches described in Section 53B-6-105.9.
138          Section 3. Section 53B-6-105.7 is amended to read:
139          53B-6-105.7. Initiative student scholarship program.
140          (1) Notwithstanding the provisions of this section, beginning on July 1, 2019, the board
141     may not accept new applications for a scholarship described in this section.
142          [(1)] (2) (a) There is established an engineering, computer science, and related
143     technology scholarship program as a component of the initiative created in Section 53B-6-105.
144          (b) The program is established to recruit, retain, and train engineering, computer
145     science, and related technology students to assist in providing for and advancing the intellectual
146     and economic welfare of the state.
147          [(2)] (3) (a) The board:
148          (i) may make rules for the overall administration of the scholarship program in
149     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
150          (ii) shall administer the program in consultation with the Technology Initiative
151     Advisory Board created in Section 53B-6-105.5.
152          (b) The board shall also use the following policies and procedures in administering the
153     student scholarship program:
154          (i) students may use scholarship money at any institution within the state system of
155     higher education that offers an engineering, computer science, or related technology degree;
156          (ii) scholarships shall be given to students who declare an intent to complete a
157     prescribed course of instruction in one of the areas referred to in Subsection [(2)] (3)(b)(i) and
158     to work in the state after graduation in one of those areas; and
159          (iii) a scholarship may be cancelled at any time by the institution of attendance, if the
160     student fails to make reasonable progress towards obtaining the degree or there appears to be a
161     reasonable certainty that the student does not intend to work in the state upon graduation.
162          [(3) (a) By June 1 of each year, the Technology Initiative Advisory Board shall
163     recommend to the board a distribution of the scholarship funds to institutions in the state
164     system of higher education, based on a formula.]
165          [(b) The Technology Initiative Advisory Board shall develop the formula for
166     distribution of total scholarship funds to the institutions, which shall contain the following
167     components:]
168          [(i) the number of graduates of engineering, computer science, and related technology
169     degrees from the previous year;]
170          [(ii) the number and level of engineering, computer science, and related technology
171     degrees offered at an institution; and]
172          [(iii) the length of each engineering, computer science, and related technology degree
173     offered at an institution.]
174          (4) The Legislature shall make an annual appropriation to the board to fund the student
175     scholarship program created in this section.
176          Section 4. Section 53B-8-105 is amended to read:
177          53B-8-105. New Century scholarships -- High school requirements.
178          (1) As used in this section[, "complete]:
179          (a) "Complete the requirements for an associate degree" means that a student:
180          [(a)] (i) (A) completes all the required courses for an associate degree from a higher
181     education institution within the state system of higher education that offers associate degrees;
182     and
183          [(ii)] (B) applies for the associate degree from the institution; or
184          [(b)] (ii) completes equivalent requirements described in Subsection (1)(a)(i)(A) from a
185     higher education institution within the state system of higher education that offers
186     baccalaureate degrees but does not offer associate degrees.
187          (b) "Fee" means a fee approved by the board.
188          (2) (a) The board shall award New Century scholarships.
189          (b) The board shall develop and approve the math and science curriculum described
190     under Subsection (3)(a)(ii).
191          (3) (a) In order to qualify for a New Century scholarship, a student in Utah schools
192     shall complete the requirements for an:
193          (i) associate degree; or
194          (ii) approved math and science curriculum.
195          (b) The requirements under Subsection (3)(a) shall be completed:
196          [(i) (A) for a student whose class graduates from high school in 2010 or before, by
197     September 1 of the year the student's class graduates from high school; or]
198          [(B) for a student whose class graduates from high school in 2011 or after,]
199          (i) by the day on which the student's class graduates from high school; and
200          (ii) with at least a 3.0 grade point average.
201          (c) In addition to the requirements in Subsection (3)(a), a student in Utah [schools
202     whose class graduates from high school in 2011 or after] shall:
203          (i) complete the high school graduation requirements of:
204          (A) a public high school established by the State Board of Education and the student's
205     school district or charter school; or
206          (B) a private high school in the state that is accredited by a regional accrediting body
207     approved by the board; and
208          (ii) complete high school with at least a 3.5 cumulative high school grade point
209     average.
210          (4) Notwithstanding Subsection (3), for a student who does not receive a high school
211     grade point average, the student shall:
212          (a) complete the requirements for an associate degree:
213          [(i) (A) for a student who completes high school in 2010 or before, by September 1 of
214     the year the student completes high school; or]
215          [(B) for a student who completes high school in 2011 or after,]
216          (i) by June 15 of the year the student completes high school; and
217          (ii) with at least a 3.0 grade point average; and
218          (b) score a composite ACT score of 26 or higher.
219          (5) To be eligible for the scholarship, a student:
220          (a) shall submit an application to the board with:
221          (i) an official college transcript showing college courses the student has completed to
222     complete the requirements for an associate degree; and
223          (ii) (A) if applicable, an official high school transcript; or
224          (B) if applicable, a copy of the student's ACT scores;
225          (b) shall be a citizen of the United States or a noncitizen who is eligible to receive
226     federal student aid;
227          (c) may not have a criminal record, with the exception of a misdemeanor traffic
228     citation; and
229          (d) if applicable, shall meet the application deadlines as established by the board under
230     Subsection (10).
231          (6) (a) The scholarship may be used at a:
232          (i) higher education institution within the state system of higher education that offers
233     baccalaureate programs; or
234          (ii) if the scholarship holder applies for the scholarship on or before October 1, 2019,
235     private, nonprofit college or university in the state accredited by the Northwest Association of
236     Schools and Colleges that offers baccalaureate programs.
237          [(b) For a student whose class graduates from high school in 2010 and who completes
238     the requirements under Subsection (3)(a) by September 1, 2010:]
239          [(i) if used at an institution described in Subsection (6)(a)(i), the value of the
240     scholarship is up to 75% of the tuition costs at the selected institution; or]
241          [(ii) if used at an institution described in Subsection (6)(a)(ii), the value of the
242     scholarship is up to 75% of the tuition costs at the institution, not to exceed 75% of the average
243     tuition costs at the institutions referred in Subsection (6)(a)(i).]
244          [(c) (i) For a student whose class graduates in 2011 or after and who completes the
245     requirements under this section]
246          (b) (i) Subject to Subsection (6)(e), the total value of the scholarship is up to $5,000,
247     allocated over a time period described in Subsection (6)[(d)](c), as prescribed by the board.
248          (ii) The board may increase the scholarship amount described in Subsection
249     (6)[(c)](b)(i) by an amount not to exceed the average percentage tuition increase approved by
250     the board for institutions in the state system of higher education.
251          [(d)] (c) The scholarship is valid for the shortest of the following time periods:
252          (i) two years of full-time equivalent enrollment;
253          (ii) 60 credit hours; or
254          (iii) until the student meets the requirements for a baccalaureate degree.
255          [(e)] (d) (i) A scholarship holder shall enroll full-time at a higher education institution
256     by no later than the fall term immediately following the student's high school graduation date
257     or receive an approved deferral from the board.
258          (ii) The board may grant a deferral or leave of absence to a scholarship holder, but the
259     [student] scholarship holder may only receive scholarship money within five years of the
260     student's high school graduation date.
261          (e) For a scholarship for which a student applies after October 1, 2019:
262          (i) the board shall reduce the amount of the scholarship holder's scholarship so that the
263     total amount of state aid awarded to the scholarship holder, including tuition or fee waivers or
264     the scholarship, does not exceed the cost of the scholarship holder's tuition and fees; and
265          (ii) the scholarship holder may only use the scholarship for tuition and fees.
266          (7) The board may cancel a New Century scholarship at any time if the student fails to:
267          (a) register for at least 15 credit hours per semester;
268          (b) maintain a 3.3 grade point average for two consecutive semesters; or
269          (c) make reasonable progress toward the completion of a baccalaureate degree.
270          (8) (a) Subject to future budget constraints, the Legislature shall make an annual
271     appropriation from the General Fund to the board for the costs associated with the New
272     Century Scholarship Program authorized under this section.
273          (b) It is understood that the appropriation is offset in part by the state money that would
274     otherwise be required and appropriated for these students if they were enrolled in a four-year
275     postsecondary program at a state-operated institution.
276          (c) Notwithstanding Subsections (2)(a) and (6), if the appropriation under Subsection
277     (8)(a) is insufficient to cover the costs associated with the New Century Scholarship Program,
278     the board may reduce the scholarship amount.
279          (d) If money appropriated under this section is available after New Century
280     scholarships are awarded, the board shall use the money for the Access Utah Promise
281     Scholarship Program created in Section 53B-8-302.
282          (9) (a) The board shall adopt policies establishing an application process and an appeal
283     process for a New Century scholarship.
284          (b) The board shall disclose on all applications and related materials that the amount of
285     the scholarship is subject to funding and may be reduced, in accordance with Subsection (8)(c).
286          (c) The board shall require an applicant for a New Century scholarship to certify under
287     penalty of perjury that:
288          (i) the applicant is a United States citizen; or
289          (ii) the applicant is a noncitizen who is eligible to receive federal student aid.
290          (d) The certification under this Subsection (9) shall include a statement advising the
291     signer that providing false information subjects the signer to penalties for perjury.
292          (10) The board may set deadlines for receiving New Century scholarship applications
293     and supporting documentation.
294          (11) A student may not receive both a New Century scholarship and a Regents'
295     scholarship established in Part 2, Regents' Scholarship Program.
296          Section 5. Section 53B-8-112 is amended to read:
297          53B-8-112. Public Safety Officer Career Advancement Reimbursement Program.
298          (1) The Public Safety Officer Career Advancement Reimbursement Program is created.
299          (2) (a) Notwithstanding the provisions in this section, the board may not accept a new
300     application for a reimbursement described in this section for an academic year that begins on or
301     after July 1, 2019.
302          (b) Subject to legislative appropriations and Subsection (7) the board shall reimburse
303     an applicant who:
304          [(a)] (i) is a certified peace officer, currently employed by a law enforcement agency
305     within the state;
306          [(b)] (ii) has been employed as a certified peace officer for three or more consecutive
307     years;
308          [(c)] (iii) is seeking a post-secondary degree in the area of criminal justice from a
309     credit-granting higher education institution within the state system of higher education,
310     described in Section 53B-1-102; and
311          [(d)] (iv) is employed as a peace officer for one year following completion of the
312     academic year for which the individual is seeking reimbursement.
313          (3) Individuals who qualify for reimbursement from the Public Safety Officer Career
314     Advancement Reimbursement [program] Program may apply for reimbursement by July 1 one
315     year after each academic year for which they are requesting reimbursement.
316          (4) Subject to Legislative appropriations, of the funds appropriated for the [Peace]
317     Public Safety Officer Career Advancement Reimbursement Program:
318          (a) 25% of the annual appropriation shall be designated for applicants who are
319     currently employed by a law enforcement agency with jurisdiction in a county of the third or
320     fourth class; and
321          (b) 12% of the annual appropriation shall be designated for applicants who are
322     currently employed by a law enforcement agency with jurisdiction in a county of the fifth or
323     sixth class.
324          (5) (a) A qualified applicant may be reimbursed up to half of the cost of tuition and
325     fees.
326          (b) A reimbursement under Subsection (5)(a) is limited to:
327          (i) a maximum of $5,000 each academic year; and
328          (ii) a maximum of eight academic years.
329          (6) (a) The board shall make rules in accordance with Title 63G, Chapter 3, Utah
330     Administrative Rulemaking Act, to:
331          (i) set deadlines for receiving reimbursement applications and supporting
332     documentation; and
333          (ii) establish the application process and an appeal process for a reimbursement from
334     the [Peace] Public Safety Officer Career Advancement Reimbursement Program, including
335     procedures to allow for online application submittals.
336          (b) The board shall include a disclosure on all applications and related materials that
337     the amount of the awarded reimbursements may be subject to funding or be reduced, in
338     accordance with Subsection (7).
339          (7) (a) Subject to future budget constraints, the Legislature shall make an annual
340     appropriation from the Education Fund to the board for the costs associated with the [Peace]
341     Public Safety Officer Career Advancement Reimbursement Program authorized under this
342     section.
343          (b) Notwithstanding the provisions of this section, if the appropriation under this
344     section is insufficient to cover the costs associated with the [Peace] Public Safety Officer
345     Career Advancement Reimbursement Program, the board may reduce the amount of a
346     reimbursement.
347          (c) Any individual who is denied reimbursement because of insufficient funds
348     appropriated may re-apply for reimbursement up to two years after the first year of eligibility.
349          Section 6. Section 53B-8-114 is enacted to read:
350          53B-8-114. Continuation of previously authorized scholarships.
351          (1) As used in this section:
352          (a) "Institution of higher education" means an institution that awards money through a
353     program described in Subsection (2)(a).
354          (b) "Scholarship term" means the length of time during which an individual is eligible
355     to receive award money through a program described in Subsection (2)(a).
356          (2) The board or an institution of higher education:
357          (a) beginning on July 1, 2019, may not accept a new application for an award described
358     in:
359          (i) Section 53B-6-105.7, which describes engineering and computer technology
360     scholarships; or
361          (ii) Section 53B-8-112, which describes a reimbursement for public safety officers; and
362          (b) may pay, through the end of the scholarship term, an award through a program
363     described in Subsection (2)(a) to an individual whose application for the program was accepted
364     before the applicable date described in Subsection (2)(a).
365          Section 7. Section 53B-8-201 is amended to read:
366          53B-8-201. Regents' Scholarship Program.
367          (1) As used in this section:
368          (a) "Eligible institution" means[:(i) a credit-granting] an institution of higher education
369     within the state system of higher education described in Section 53B-1-102[; or].
370          [(ii) a private, nonprofit college or university in the state that is accredited by the
371     Northwest Commission on Colleges and Universities.]
372          (b) "Eligible student" means a student who:
373          (i) applies to the board in accordance with the rules described in Subsection (6);
374          (ii) is enrolled in an eligible institution; and
375          (iii) meets the criteria established by the board in rules described in Subsection (6).
376          (c) "Fee" means:
377          (i) for an eligible institution that is part of the Utah System of Higher Education, a fee
378     approved by the board; or
379          (ii) for an eligible institution that is a technical college, a fee approved by the eligible
380     institution.
381          [(c)] (d) "Program" means the Regents' Scholarship Program described in this section.
382          (2) (a) A student who graduates from high school after July 1, 2018:
383          (i) may receive a Regents' scholarship in accordance with this section; and
384          (ii) may not [may] receive a scholarship in accordance with Sections 53B-8-202
385     through 53B-8-205.
386          (b) A student who graduates from high school on or before July 1, 2018:
387          (i) may receive a scholarship in accordance with Sections 53B-8-202 through
388     53B-8-205; and
389          (ii) may not receive a Regents' scholarship in accordance with this section.
390          (3) (a) Subject to legislative appropriations [and Subsection (3)(d)], beginning with an
391     appropriation for fiscal year 2019, the board shall annually distribute money for the Regents'
392     Scholarship Program described in this section to each eligible institution to award as Regents'
393     scholarships to eligible students.
394          (b) The board shall annually determine the amount of a Regents' scholarship based on:
395          (i) the number of eligible students in the state; and
396          (ii) money available for the program.
397          (c) The board shall annually determine the total amount of money to distribute to an
398     eligible institution based on the eligible institution's share of all eligible students in the state.
399          [(d) An eligible institution that is a private, nonprofit college or university shall, to
400     receive money distributed by the board described in Subsection (3)(a), enter into a written
401     agreement with the board in which the eligible institution agrees to:]
402          [(i) provide the board with access to information and data necessary for the purposes of
403     the program; and]
404          [(ii) comply with an audit by the board described in Subsection (5) if the board
405     conducts an audit.]
406          (4) (a) Except as provided in Subsection (4)(b) or (c), an eligible institution shall
407     provide to an eligible student a Regents' scholarship in the amount determined by the board
408     described in Subsection (3)(b).
409          (b) [An] For a Regents' scholarship for which an eligible student applies on or before
410     July 1, 2019, an eligible institution may reduce the amount of [a] the Regents' scholarship
411     [provided to an eligible student] based on other state aid awarded to the eligible student for
412     tuition and fees.
413          (c) For a Regents' scholarship for which an eligible student applies after July 1, 2019:
414          (i) an eligible institution shall reduce the amount of the Regents' scholarship so that the
415     total amount of state aid awarded to the eligible student, including tuition or fee waivers and
416     the Regents' scholarship, does not exceed the cost of the eligible student's tuition and fees; and
417          (ii) the eligible student may only use the Regents' scholarship for tuition and fees.
418          (5) The board may:
419          (a) audit an eligible institution's administration of Regents' scholarships; and
420          (b) require an eligible institution to repay to the board money distributed to the eligible
421     institution under this section that is not provided to an eligible student as a Regents'
422     scholarship.
423          (6) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
424     the board shall make rules that establish:
425          [(a)] (i) requirements related to an eligible institution's administration of Regents'
426     scholarships;
427          [(b)] (ii) a process for a student to apply to the board to determine the student's
428     eligibility for a Regents' scholarship;
429          [(c)] (iii) criteria to determine a student's eligibility for a Regents' scholarship,
430     including:
431          [(i)] (A) minimum secondary education academic performance standards;
432          [(ii)] (B) the completion of secondary core curriculum and graduation requirements;
433          [(iii)] (C) the completion of a Free Application for Federal Student Aid;
434          [(iv)] (D) need-based measures that address college affordability and access; and
435          [(v)] (E) minimum enrollment requirements in an eligible institution; and
436          [(d)] (iv) a requirement for each eligible institution to annually report to the board on
437     all Regents' scholarships awarded by the eligible institution.
438          (b) In making rules described in Subsection (6)(a) that apply to a technical college, the
439     board shall consult with the Utah System of Technical Colleges Board of Trustees.
440          (7) The board shall annually report on the program to the Higher Education
441     Appropriations Subcommittee.
442          (8) (a) The State Board of Education, a school district, or a public high school shall
443     cooperate with the board and eligible institutions to facilitate the program, including by
444     exchanging relevant data where allowed by law.
445          (b) The State Board of Education shall annually provide to the board a list of directory
446     information, including name and address, for each grade 8 student in the state.
447          (9) Notwithstanding the provisions in this section, a private, nonprofit college or
448     university in the state that is accredited by the Northwest Commission on Colleges and
449     Universities is an eligible institution for purposes of providing a Regents' scholarship to an
450     eligible student who applies for a Regents' scholarship on or before July 1, 2019.
451          (10) If money appropriated under this section is available after Regents' scholarships
452     are awarded, the board shall use the money for the Access Utah Promise Scholarship Program
453     created in Section 53B-8-302.
454          Section 8. Section 53B-8-301 is enacted to read:
455     
Part 3. Access Utah Promise Scholarship Program

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

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