1     
HIGHER EDUCATION FINANCIAL AID AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Val L. Peterson

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to higher education financial aid.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     changes the Public Safety Officer Career Advancement Reimbursement Program to
14     a grant program;
15          ▸     addresses the amount of money the Utah Board of Higher Education (board) may
16     use for administrative costs and overhead related to the Opportunity Scholarship
17     Program;
18          ▸     repeals or reorganizes the provisions of the Access Utah Promise Scholarship
19     Program;
20          ▸     allows the board to establish criteria under which the board may forgive a loan
21     made under the Terrel H. Bell Teaching Incentive Loans program;
22          ▸     changes the Talent Development Incentive Loan Program to an award program;
23          ▸     removes the state requirement for financial aid applicants to complete the federal
24     form for selective service;
25          ▸     directs the board to create educational pathways;
26          ▸     changes the Success Stipend Program to the Utah Promise Program and modifies
27     the financial aid available under the program;
28          ▸     repeals the Strategic Workforce Investment; and
29          ▸     makes technical changes.
30     Money Appropriated in this Bill:
31          This bill appropriates in fiscal year 2023:
32          ▸     to the Utah Board of Higher Education - Administration - Administration as an
33     ongoing appropriation:
34               •     from the Education Fund, $718,000.
35     Other Special Clauses:
36          None
37     Utah Code Sections Affected:
38     AMENDS:
39          53B-1-301, as last amended by Laws of Utah 2021, Chapters 282, 351, 402, and 425
40          53B-8-105, as last amended by Laws of Utah 2021, Chapter 402
41          53B-8-112, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 13
42          53B-8-201, as last amended by Laws of Utah 2021, Chapter 402
43          53B-10-101, as last amended by Laws of Utah 2019, Chapter 129
44          53B-10-201, as last amended by Laws of Utah 2021, Chapter 282
45          53B-10-202, as enacted by Laws of Utah 2018, Chapter 402
46          53B-10-205, as enacted by Laws of Utah 2018, Chapter 402
47          53B-13a-102, as last amended by Laws of Utah 2011, Chapter 11
48          53B-13a-103, as last amended by Laws of Utah 2011, Chapter 11
49          63G-12-402, as last amended by Laws of Utah 2021, Chapter 402
50          63I-2-253, as last amended by Laws of Utah 2021, First Special Session, Chapter 14
51          64-13e-102, as last amended by Laws of Utah 2021, Chapter 260
52     ENACTS:
53          53b-10-106, Utah Code Annotated 1953
54     REPEALS AND REENACTS:
55          53B-13a-104, as last amended by Laws of Utah 2020, Chapter 196
56     RENUMBERS AND AMENDS:
57          53B-13a-106, (Renumbered from 53B-8-304, as last amended by Laws of Utah 2021,
58     Chapter 282)
59     REPEALS:
60          53B-8-301, as last amended by Laws of Utah 2020, Chapter 365
61          53B-8-302, as enacted by Laws of Utah 2019, Chapter 444
62          53B-8-303, as last amended by Laws of Utah 2020, Chapters 63 and 365
63          53B-10-204, as enacted by Laws of Utah 2018, Chapter 402
64          53B-11-104, as last amended by Laws of Utah 2020, Chapter 365
65          53B-13a-101, as last amended by Laws of Utah 2011, Chapter 11
66          53B-13a-105, as last amended by Laws of Utah 2004, Chapter 10
67          53B-26-101, as enacted by Laws of Utah 2016, Chapter 338
68          53B-26-102, as last amended by Laws of Utah 2021, Chapters 187, 282 and last
69     amended by Coordination Clause, Laws of Utah 2021, Chapter 187
70          53B-26-103, as last amended by Laws of Utah 2021, Chapter 282
71     

72     Be it enacted by the Legislature of the state of Utah:
73          Section 1. Section 53B-1-301 is amended to read:
74          53B-1-301. Reports to and actions of the Higher Education Appropriations
75     Subcommittee.
76          (1) In accordance with applicable provisions and Section 68-3-14, the following
77     recurring reports are due to the Higher Education Appropriations Subcommittee:
78          (a) the reports described in Sections 34A-2-202.5, 53B-30-206, and 59-9-102.5 by the
79     Rocky Mountain Center for Occupational and Environmental Health;
80          (b) the report described in Section 53B-7-101 by the board on recommended
81     appropriations for higher education institutions, including the report described in Section
82     53B-8-104 by the board on the effects of offering nonresident partial tuition scholarships;
83          (c) the report described in Section 53B-7-704 by the Department of Workforce
84     Services and the Governor's Office of Economic Opportunity on targeted jobs;
85          (d) the reports described in Section 53B-7-705 by the board on performance;
86          (e) the report described in Section 53B-8-201 by the board on the Opportunity
87     Scholarship Program;
88          [(f) the report described in Section 53B-8-303 by the board regarding Access Utah
89     promise scholarships;]
90          [(g)] (f) the report described in Section 53B-8d-104 by the Division of Child and
91     Family Services on tuition waivers for wards of the state;
92          [(h)] (g) the report described in Section 53B-12-107 by the Utah Higher Education
93     Assistance Authority;
94          [(i)] (h) the report described in Section [53B-13a-104] 53B-13a-103 by the board on
95     the [Success Stipend Program] Utah Promise Program;
96          [(j)] (i) the report described in Section 53B-17-201 by the University of Utah regarding
97     the Miners' Hospital for Disabled Miners;
98          [(k) the report described in Section 53B-26-103 by the Governor's Office of Economic
99     Opportunity on high demand technical jobs projected to support economic growth;]
100          [(l)] (j) the report described in Section 53B-26-202 by the Medical Education Council
101     on projected demand for nursing professionals; and
102          [(m)] (k) the report described in Section 53E-10-308 by the State Board of Education
103     and board on student participation in the concurrent enrollment program.
104          (2) In accordance with applicable provisions and Section 68-3-14, the following
105     occasional reports are due to the Higher Education Appropriations Subcommittee:
106          (a) upon request, the information described in Section 53B-8a-111 submitted by the
107     Utah Educational Savings Plan;
108          (b) a proposal described in Section 53B-26-202 by an eligible program to respond to
109     projected demand for nursing professionals;
110          (c) a report in 2023 from Utah Valley University and the Utah Fire Prevention Board
111     on the fire and rescue training program described in Section 53B-29-202; and
112          (d) the reports described in Section 63C-19-202 by the Higher Education Strategic
113     Planning Commission on the commission's progress.
114          (3) In accordance with applicable provisions, the Higher Education Appropriations
115     Subcommittee shall complete the following:
116          (a) as required by Section 53B-7-703, the review of performance funding described in
117     Section 53B-7-703;
118          [(b) an appropriation recommendation described in Section 53B-26-103 to fund a
119     proposal responding to workforce needs of a strategic industry cluster;]
120          [(c)] (b) an appropriation recommendation described in Section 53B-26-202 to fund a
121     proposal responding to projected demand for nursing professionals; and
122          [(d)] (c) review of the report described in Section 63B-10-301 by the University of
123     Utah on the status of a bond and bond payments specified in Section 63B-10-301.
124          Section 2. Section 53B-8-105 is amended to read:
125          53B-8-105. New Century scholarships -- High school requirements.
126          (1) Notwithstanding the provisions of this section, the board may not accept a new
127     application for a scholarship described in this section on or after August 15, 2021.
128          (2) As used in this section:
129          (a) "Complete the requirements for an associate degree" means that a student:
130          (i) (A) completes all the required courses for an associate degree from a higher
131     education institution within the state system of higher education that offers associate degrees;
132     and
133          (B) applies for the associate degree from the institution; or
134          (ii) completes equivalent requirements described in Subsection (2)(a)(i)(A) from a
135     higher education institution within the state system of higher education that offers
136     baccalaureate degrees but does not offer associate degrees.
137          (b) "Fee" means a fee approved by the board.
138          (3) (a) The board shall award New Century scholarships.
139          (b) The board shall develop and approve the math and science curriculum described
140     under Subsection (4)(a)(ii).
141          (4) (a) In order to qualify for a New Century scholarship, a student in Utah schools
142     shall complete the requirements for an:
143          (i) associate degree; or
144          (ii) approved math and science curriculum.
145          (b) The requirements under Subsection (4)(a) shall be completed:
146          (i) by the day on which the student's class graduates from high school; and
147          (ii) with at least a 3.0 grade point average.
148          (c) In addition to the requirements in Subsection (4)(a), a student in Utah shall:
149          (i) complete the high school graduation requirements of:
150          (A) a public high school established by the State Board of Education and the student's
151     school district or charter school; or
152          (B) a private high school in the state that is accredited by a regional accrediting body
153     approved by the board; and
154          (ii) complete high school with at least a 3.5 cumulative high school grade point
155     average.
156          (5) Notwithstanding Subsection (4), for a student who does not receive a high school
157     grade point average, the student shall:
158          (a) complete the requirements for an associate degree:
159          (i) by June 15 of the year the student completes high school; and
160          (ii) with at least a 3.0 grade point average; and
161          (b) score a composite ACT score of 26 or higher.
162          (6) (a) To be eligible for the scholarship, a student:
163          (i) shall submit an application to the board with:
164          (A) an official college transcript showing college courses the student has completed to
165     complete the requirements for an associate degree; and
166          (B) if applicable, an official high school transcript or, if applicable, a copy of the
167     student's ACT scores;
168          (ii) shall be a citizen of the United States or a noncitizen who is eligible to receive
169     federal student aid;
170          (iii) if applicable, shall meet the application deadlines as established by the board under
171     Subsection (11); and
172          (iv) shall demonstrate, in accordance with rules described in Subsection (6)(b), the
173     completion of a Free Application for Federal Student Aid.
174          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
175     board shall make rules regarding the completion of the Free Application for Federal Student
176     Aid described in Subsection (6)(a)(iv), including:
177          (i) provisions for students or parents to opt out of the requirement due to:
178          (A) financial ineligibility for any potential grant or other financial aid;
179          (B) personal privacy concerns; or
180          (C) other reasons the board specifies; and
181          (ii) direction for applicants to financial aid advisors.
182          (7) (a) The scholarship may be used at a:
183          (i) higher education institution within the state system of higher education that offers
184     baccalaureate programs; or
185          (ii) if the scholarship holder applies for the scholarship on or before October 1, 2019,
186     private, nonprofit college or university in the state accredited by the Northwest Association of
187     Schools and Colleges that offers baccalaureate programs.
188          (b) (i) Subject to Subsection (7)(e), the total value of the scholarship is up to $5,000,
189     allocated over a time period described in Subsection (7)(c), as prescribed by the board.
190          (ii) The board may increase the scholarship amount described in Subsection (7)(b)(i)
191     by an amount not to exceed the average percentage tuition increase approved by the board for
192     institutions in the state system of higher education.
193          (c) The scholarship is valid for the shortest of the following time periods:
194          (i) two years of full-time equivalent enrollment;
195          (ii) 60 credit hours; or
196          (iii) until the student meets the requirements for a baccalaureate degree.
197          (d) (i) A scholarship holder shall enroll full-time at a higher education institution by no
198     later than the fall term immediately following the student's high school graduation date or
199     receive an approved deferral from the board.
200          (ii) The board may grant a deferral or leave of absence to a scholarship holder, but the
201     scholarship holder may only receive scholarship money within five years of the student's high
202     school graduation date.
203          (e) For a scholarship for which a student applies after October 1, 2019:
204          (i) the board shall reduce the amount of the scholarship holder's scholarship so that the
205     total amount of state aid awarded to the scholarship holder, including tuition or fee waivers or
206     the scholarship, does not exceed the cost of the scholarship holder's tuition and fees; and
207          (ii) the scholarship holder may only use the scholarship for tuition and fees.
208          (8) The board may cancel a New Century scholarship at any time if the student fails to:
209          (a) register for at least 15 credit hours per semester;
210          (b) maintain a 3.3 grade point average for two consecutive semesters; or
211          (c) make reasonable progress toward the completion of a baccalaureate degree.
212          (9) (a) Subject to future budget constraints, the Legislature shall make an annual
213     appropriation from the General Fund to the board for the costs associated with the New
214     Century Scholarship Program authorized under this section.
215          (b) It is understood that the appropriation is offset in part by the state money that would
216     otherwise be required and appropriated for these students if they were enrolled in a four-year
217     postsecondary program at a state-operated institution.
218          (c) Notwithstanding Subsections (3)(a) and (7), if the appropriation under Subsection
219     (9)(a) is insufficient to cover the costs associated with the New Century Scholarship Program,
220     the board may reduce the scholarship amount.
221          (d) If money appropriated under this section is available after New Century
222     scholarships are awarded, the board shall use the money for the [Access Utah Promise
223     Scholarship Program created in Section 53B-8-302] Utah Promise Program created in Section
224     53B-13a-103.
225          (10) (a) The board shall adopt policies establishing an application process and an
226     appeal process for a New Century scholarship.
227          (b) The board shall disclose on all applications and related materials that the amount of
228     the scholarship is subject to funding and may be reduced, in accordance with Subsection (9)(c).
229          (c) The board shall require an applicant for a New Century scholarship to certify under
230     penalty of perjury that:
231          (i) the applicant is a United States citizen; or
232          (ii) the applicant is a noncitizen who is eligible to receive federal student aid.
233          (d) The certification under this Subsection (10) shall include a statement advising the
234     signer that providing false information subjects the signer to penalties for perjury.
235          (11) The board may set deadlines for receiving New Century scholarship applications
236     and supporting documentation.
237          (12) A student may not receive both a New Century scholarship and an Opportunity
238     scholarship established in [Part 2, Opportunity Scholarship Program] Section 53B-8-201 or any
239     scholarship established under Sections 53B-8-202 through 53B-8-205.
240          Section 3. Section 53B-8-112 is amended to read:
241          53B-8-112. Public Safety Officer Career Advancement Grant Program.
242          (1) The Public Safety Officer Career Advancement [Reimbursement] Grant Program is
243     created.
244          (2) Subject to legislative appropriations and Subsection [(7)] (6) the board shall
245     [reimburse] award a grant to an applicant who:
246          (a) is a certified peace officer, currently employed by a law enforcement agency within
247     the state; and
248          [(b) has been employed as a certified peace officer for three or more consecutive
249     years;]
250          [(c)] (b) is seeking a post-secondary degree in the area of criminal justice from a
251     credit-granting higher education institution within the state system of higher education,
252     described in Section 53B-1-102[; and].
253          [(d) is employed as a peace officer for one year following completion of the academic
254     year for which the individual is seeking reimbursement.]
255          [(3) Individuals who qualify for reimbursement from the Public Safety Officer Career
256     Advancement Reimbursement Program may apply for reimbursement by July 1 one year after
257     each academic year for which they are requesting reimbursement.]
258          [(4) Subject to Legislative appropriations, of the funds appropriated for the Public
259     Safety Officer Career Advancement Reimbursement Program:]
260          [(a) 25% of the annual appropriation shall be designated for applicants who are
261     currently employed by a law enforcement agency with jurisdiction in a county of the third or
262     fourth class; and]
263          [(b) 12% of the annual appropriation shall be designated for applicants who are
264     currently employed by a law enforcement agency with jurisdiction in a county of the fifth or
265     sixth class.]
266          [(5)] (3) (a) [A] Subject to Subsection (3)(b), the board may award a qualified
267     applicant [may be reimbursed up to half of] up to the cost of tuition and fees.
268          (b) [A reimbursement] A grant award under Subsection [(5)] (3)(a) is limited to:
269          (i) a maximum of $5,000 each academic year; and
270          (ii) a maximum of [eight] four academic years.
271          (4) The board shall design the program to use a packaging approach that ensures that
272     institutions combine loans, grants, employment, and family and individual contributions
273     toward financing the cost of attendance.
274          [(6)] (5) (a) The board shall make rules in accordance with Title 63G, Chapter 3, Utah
275     Administrative Rulemaking Act, to:
276          (i) set deadlines for receiving [reimbursement] grant applications and supporting
277     documentation; and
278          (ii) establish the application process and an appeal process for [a reimbursement from]
279     the Public Safety Officer Career Advancement [Reimbursement] Grant Program[, including
280     procedures to allow for online application submittals].
281          (b) The board shall include a disclosure on all applications and related materials that
282     the amount of the awarded [reimbursements] grants may be subject to funding or be reduced, in
283     accordance with Subsection [(7)] (6).
284          [(7)] (6) (a) Subject to future budget constraints, the Legislature shall make an annual
285     appropriation from the Education Fund to the board for the costs associated with the Public
286     Safety Officer Career Advancement [Reimbursement] Grant Program authorized under this
287     section.
288          (b) Notwithstanding the provisions of this section, if the appropriation under this
289     section is insufficient to cover the costs associated with the Public Safety Officer Career
290     Advancement [Reimbursement] Grant Program, the board may:
291          (i) [may] reduce the amount of a [reimbursement] grant; [and] or
292          (ii) [shall] distribute [reimbursements] grants on a pro rata basis to all eligible
293     applicants who submitted a complete application before the application deadline.
294          [(c) Any individual who is denied reimbursement because of insufficient funds
295     appropriated may re-apply for reimbursement up to two years after the first year of eligibility.]
296          Section 4. Section 53B-8-201 is amended to read:
297          53B-8-201. Opportunity Scholarship Program.
298          (1) As used in this section:
299          (a) "Eligible institution" means:
300          (i) a degree-granting institution of higher education within the state system of higher
301     education; or
302          (ii) a private, nonprofit college or university in the state that is accredited by the
303     Northwest Commission on Colleges and Universities.
304          (b) "Eligible student" means a student who:
305          (i) applies to the board in accordance with the rules described in Subsection (5);
306          (ii) is enrolled in an eligible institution; and
307          (iii) meets the criteria established by the board in rules described in Subsection (5).
308          (c) "Fee" means:
309          (i) for an eligible institution that is a degree-granting institution, a fee approved by the
310     board; or
311          (ii) for an eligible institution that is a technical college, a fee approved by the eligible
312     institution.
313          (d) "Program" means the Opportunity Scholarship Program described in this section.
314          (2) (a) Subject to legislative appropriations, the board shall annually distribute money
315     for the Opportunity Scholarship Program described in this section to each eligible institution to
316     award as Opportunity scholarships to eligible students.
317          (b) The board shall annually determine the amount of an Opportunity scholarship based
318     on:
319          (i) the number of eligible students in the state; and
320          (ii) money available for the program.
321          (c) The board may not use more than 3% of the money appropriated to the program for
322     administrative costs and overhead.
323          (3) (a) Except as provided in this Subsection (3), an eligible institution shall provide to
324     an eligible student an Opportunity scholarship in the amount determined by the board described
325     in Subsection (2)(b).
326          (b) For an Opportunity scholarship for which an eligible student applies on or before
327     July 1, 2019, an eligible institution may reduce the amount of the Opportunity scholarship
328     based on other state aid awarded to the eligible student for tuition and fees.
329          (c) For an Opportunity scholarship for which an eligible student applies after July 1,
330     2019:
331          (i) an eligible institution shall reduce the amount of the Opportunity scholarship so that
332     the total amount of state aid awarded to the eligible student, including tuition or fee waivers
333     and the Opportunity scholarship, does not exceed the cost of the eligible student's tuition and
334     fees; and
335          (ii) the eligible student may only use the Opportunity scholarship for tuition and fees.
336          (d) An institution described in Subsection (1)(a)(ii) may not award an Opportunity
337     scholarship to an eligible student in an amount that exceeds the average total cost of tuition and
338     fees among the eligible institutions described in Subsection (1)(a)(i).
339          (e) If the allocation for an eligible institution described in Subsection (1)(a)(ii) is
340     insufficient to provide the amount described in Subsection (2)(b) to each eligible student, the
341     eligible institution may reduce the amount of an Opportunity scholarship.
342          (4) The board may:
343          (a) audit an eligible institution's administration of Opportunity scholarships;
344          (b) require an eligible institution to repay to the board money distributed to the eligible
345     institution under this section that is not provided to an eligible student as an Opportunity
346     scholarship; and
347          (c) require an eligible institution to enter into a written agreement with the board in
348     which the eligible institution agrees to provide the board with access to information and data
349     necessary for the purposes of the program.
350          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
351     board shall make rules that establish:
352          (a) requirements related to an eligible institution's administration of Opportunity
353     scholarships;
354          (b) a process for a student to apply to the board to determine the student's eligibility for
355     an Opportunity scholarship;
356          (c) criteria to determine a student's eligibility for an Opportunity scholarship,
357     including:
358          (i) minimum secondary education academic performance standards; and
359          (ii) the completion of a Free Application for Federal Student Aid or a process approved
360     by the board in lieu of the Free Application for Federal Student Aid;
361          (d) a requirement for each eligible institution to annually report to the board on all
362     Opportunity scholarships awarded by the eligible institution; and
363          (e) a process for a student to apply to the board for an Opportunity scholarship who
364     would have likely received the scholarship but for an irreconcilable error in the application
365     process described in Subsection (5)(b).
366          (6) The board shall annually report on the program to the Higher Education
367     Appropriations Subcommittee.
368          (7) The State Board of Education, a school district, or a public high school shall
369     cooperate with the board and eligible institutions to facilitate the program, including by
370     exchanging relevant data where allowed by law.
371          Section 5. Section 53B-10-101 is amended to read:
372          53B-10-101. Terrel H. Bell Teaching Incentive Loans program -- Eligible
373     students -- Cancellation of incentive loans -- Repayment by recipient who fails to meet
374     requirements -- Duration of incentive loans.
375          (1) (a) Notwithstanding the provisions of this section, the board may not award an
376     incentive loan described in this section on or after July 1, 2019.
377          (b) The provisions of this section apply to an incentive loan described in this section
378     that was awarded before July 1, 2019.
379          (2) (a) A Terrel H. Bell Teaching Incentive Loans program is established to recruit and
380     train superior candidates for teaching in Utah's public school system as a component of the
381     teacher quality continuum referred to in Subsections 53E-2-302(7) and 53E-6-103(2)(a).
382          (b) Under the program, the incentive loans may be used in any of Utah's state-operated
383     institutions of higher education or at a private institution of higher education in Utah that offers
384     a state-approved teacher education program.
385          (3) (a) The board shall award the incentive loans to college students who have been
386     admitted to, or have made application to and are prepared to enter into, a program preparing
387     students for licensure and who declare an intent to complete the prescribed course of
388     instruction and to teach in this state in accordance with the priorities described under
389     Subsection (6)(c).
390          (b) The incentive loan may be canceled at any time by the institution of attendance if:
391          (i) the student fails to make reasonable progress toward completion of licensing
392     requirements; or
393          (ii) it appears to be a reasonable certainty that the student does not intend to teach in
394     Utah.
395          (c) The board may grant leaves of absence to incentive loan holders.
396          (d) The board may establish by rule made in accordance with Title 63G, Chapter 3,
397     Utah Administrative Rulemaking Act, criteria and procedures under which the board may
398     forgive a loan made under this section.
399          (4) The board may require an incentive loan recipient who fails to complete the
400     requirements for licensing without good cause to repay all tuition and fees provided by the
401     loan, together with appropriate interest.
402          (5) (a) The board may require an incentive loan recipient who does not work in the
403     state's public school system or a private school within the state within two years after
404     graduation to repay all tuition and fees provided by the loan, together with appropriate interest,
405     unless waived for good cause.
406          (b) (i) A recipient who does not teach for a term equal to the number of years of the
407     incentive loan within a reasonable period of time after graduation shall repay a graduated
408     portion of the tuition and fees based upon the uncompleted term.
409          (ii) One year of teaching is credit for one year's tuition and fees.
410          (c) All repayments made under this Subsection (5) are for use in the Terrel H. Bell
411     Education Scholarship Program described in Section 53B-8-116.
412          (6) (a) Each incentive loan is valid for up to four years of full-time equivalent
413     enrollment, or until requirements for licensing or advanced licensing have been met, whichever
414     is less.
415          (b) (i) Incentive loans apply to both tuition and fees in amounts and are subject to
416     conditions approved by the board, based upon criteria developed to ensure that all recipients of
417     the loans will pursue an education career within the state.
418          (ii) An incentive loan for tuition and fees at a private institution may not exceed the
419     average scholarship amounts granted for tuition and fees at public institutions of higher
420     education within the state.
421          (c) Incentive loans shall be awarded in accordance with prioritized critical areas of
422     need for teaching expertise within the state, as determined by the State Board of Education's
423     criticality index and school district priorities based upon data provided by the school district,
424     and may include preparing persons as:
425          (i) a special education teacher;
426          (ii) a speech or language pathologist; or
427          (iii) another licensed professional providing services in the public schools to pupils
428     with disabilities.
429          Section 6. Section 53B-10-106 is enacted to read:
430          53B-10-106. Pathways development.
431          (1) The board shall develop and implement a plan that creates clear educational
432     pathways:
433          (a) from a technical college described in Subsection 53B-1-102(1)(b) to an institution;
434     and
435          (b) in course work leading to a qualifying degree or a qualifying job as described in
436     Section 53B-10-203.
437          (2) The plan shall maximize efficiencies in transferring eared credit and help align
438     academic programs with workforce needs.
439          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
440     board may make rules necessary to establish a plan described in this section.
441          Section 7. Section 53B-10-201 is amended to read:
442     
Part 2. Talent Development Award Program

443          53B-10-201. Definitions.
444          As used in this part:
445          (1) "Award" means a monetary grant awarded in accordance with Section 53B-10-202.
446          [(1)] (2) "Full-time" means the number of credit hours the board determines is full-time
447     enrollment for a student for purposes of the program.
448          [(2)] (3) "GO Utah office" means the Governor's Office of Economic Opportunity
449     created in Section 63N-1a-301.
450          [(3) "Incentive loan" means a loan described in Section 53B-10-202.]
451          (4) "Institution" means an institution of higher education described in Subsection
452     53B-1-102(1)(a).
453          (5) "Program" means the Talent Development [Incentive Loan] Award Program
454     created in Section 53B-10-202.
455          (6) "Qualifying degree" means an associate's or a bachelor's degree that qualifies an
456     individual to work in a qualifying job, as determined by the GO Utah office under Section
457     53B-10-203.
458          (7) "Qualifying job" means a job:
459          (a) described in Section 53B-10-203 for which an individual may receive an [incentive
460     loan] award for the current two-year period; or
461          (b) (i) that was selected in accordance with Section 53B-10-203 at the time a recipient
462     received an [incentive loan] award; and
463          (ii) (A) for which the recipient is pursuing a qualifying degree;
464          (B) for which the recipient completed a qualifying degree; or
465          (C) in which the recipient is working.
466          (8) "Recipient" means an individual who receives an [incentive loan] award.
467          Section 8. Section 53B-10-202 is amended to read:
468          53B-10-202. Talent Development Award Program.
469          (1) There is created the Talent Development [Incentive Loan] Award Program to
470     recruit and train individuals to work in certain jobs that have a high demand for new employees
471     and offer high wages.
472          (2) Subject to available funds, an institution shall award [an incentive loan to] an
473     individual who:
474          [(a) is enrolled full time in the institution;]
475          [(b) has completed at least:]
476          [(i) one semester of full-time equivalent course work if the individual is pursuing an
477     associate's degree; or]
478          [(ii) two semesters of full-time equivalent course work if the individual is pursuing a
479     bachelor's degree;]
480          [(c)] (a) is pursuing or declares an intent to pursue a qualifying degree;
481          [(d)] (b) declares an intent to work in a qualifying job described in Subsection
482     53B-10-201(7)(a) in Utah following graduation;
483          [(e)] (c) applies to the institution to receive an [incentive loan] award; and
484          [(f)] (d) meets other criteria determined by the board in the rules described in Section
485     53B-10-205.
486          (3) (a) An institution may award [an incentive loan to] a recipient in an amount up to
487     the cost of resident tuition, fees, and books for the number of credit hours in which the
488     recipient is enrolled each semester.
489          (b) An institution may award [an incentive loan to] a recipient for up to the expected
490     amount of time for the recipient to complete the qualifying degree, as determined by the
491     institution.
492          (c) An institution may cancel an [incentive loan] award in accordance with the rules
493     described in Section 53B-10-205.
494          (4) An institution may use money from a partnership with an industry or business for
495     funding or repaying an [incentive loan] award.
496           (5) The board may use up to 5% of money appropriated for the program for
497     administration.
498          Section 9. Section 53B-10-205 is amended to read:
499          53B-10-205. Rulemaking -- Program administration.
500          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
501     board shall make rules to:
502          [(1)] (a) establish an application process for an individual to apply for an [incentive
503     loan] award;
504          [(2)] (b) subject to Section 53B-10-202, establish qualifying criteria for an individual
505     to receive an [incentive loan] award, including enrollment status;
506          (c) establish a process to evaluate applications that prioritizes awards to students who
507     demonstrate financial need;
508           [(3)] (d) establish how state funding available for [incentive loans] awards is divided
509     among institutions;
510          [(4)] (e) establish how to determine an amount of money for an [incentive loan] award;
511          [(5)] (f) establish the circumstances under which an institution may[:] cancel an award;
512     and
513          [(a) cancel an incentive loan; or]
514          [(b) waive or delay repayment of an incentive loan; and]
515          [(6) administer the program.]
516          (g) require an institution to provide specified information to the board relevant to
517     administering the program.
518          (2) In administering the program, the board shall use a packaging approach that ensures
519     that institutions combine loans, grants, employment, and family and individual contributions
520     toward financing the cost of attendance.
521          Section 10. Section 53B-13a-102 is amended to read:
522     
CHAPTER 13a. UTAH PROMISE PROGRAM ACT

523          53B-13a-102. Definitions.
524          As used in this chapter:
525          (1) (a) "Cost of attendance" means the estimated costs associated with attending an
526     institution, as established by the institution in accordance with board policies.
527          (b) "Cost of attendance" includes costs payable to the institution, other direct
528     educational expenses, transportation, and living expenses while attending the institution.
529          (2) (a) "Eligible student" means a financially needy student who is:
530          (i) unconditionally admitted to and enrolled at a Utah postsecondary institution on at
531     least a half-time basis, as defined by the board, in an eligible postsecondary program leading to
532     a defined education or training objective, as defined by the board;
533          (ii) making satisfactory academic progress, as defined by the institution in published
534     policies or rules, toward an education or training objective; and
535          (iii) (A) a resident student under Section 53B-8-102 and rules of the board; or
536          (B) exempt from paying the nonresident portion of total tuition under Section
537     53B-8-106.
538          (b) "Eligible student" does not include a graduate student.
539          (3) "Financially needy student" means a student who demonstrates the financial
540     inability to meet all or a portion of the cost of attendance at an institution for any period of
541     attendance as defined by the board, after considering the student's expected family contribution.
542          (4) "Fiscal year" means the fiscal year of the state.
543          (5) "Partner award" means a financial award described in Section 53B-13a-106.
544          [(5)] (6) "Program" means the [Success Stipend] Utah Promise Program.
545          (7) "Promise partner" means an employer that participates in the program described in
546     Section 53B-13a-106.
547          [(6)] (8) "Utah postsecondary institution" or "institution" means:
548          (a) an institution of higher education listed in Section [53B-2-101] 53B-1-102; or
549          (b) a Utah private, nonprofit postsecondary institution that is accredited by a regional
550     accrediting organization recognized by the board.
551          Section 11. Section 53B-13a-103 is amended to read:
552          53B-13a-103. Utah Promise Program -- Annual report.
553          (1) The Legislature finds that:
554          (a) the prosperity, economic success, and general welfare of the people of Utah and of
555     the state are directly related to the educational levels and skills of the citizens of the state; and
556          (b) financial assistance, to bridge the gap between a financially needy student's
557     resources and the cost of attendance at a Utah postsecondary institution, is a necessary
558     component for ensuring access to postsecondary education and training.
559          (2) There is created the [Success Stipend] Utah Promise Program to provide financial
560     assistance to students [who, after utilizing family and personal resources, federal assistance,
561     and scholarships, demonstrate financial need].
562          (3) The board shall annually submit an electronic report to the Higher Education
563     Appropriations Subcommittee regarding the Utah Promise Program.
564          Section 12. Section 53B-13a-104 is repealed and reenacted to read:
565          53B-13a-104. Promise grants.
566          (1) (a) As part of the Utah Promise Program and in accordance with this section, the
567     board shall allocate available money to each institution to use to award promise grants to
568     eligible students to pay the eligible student's cost of attendance.
569          (b) An eligible student may apply for a promise grant in accordance with procedures
570     established by board rule.
571          (c) The amount of a promise grant to an eligible student may not exceed the amount
572     equal to the difference between:
573          (i) the eligible student's cost of attendance; and
574          (ii) the total value of other financial aid that the eligible student receives toward the
575     eligible student's cost of attendance.
576          (d) An eligible student may transfer a promise grant to one or more other institutions.
577          (2) In administering this section, the board shall use a packaging approach that ensures
578     that institutions combine loans, grants, employment, and family and individual contributions
579     toward financing the cost of attendance.
580          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
581     that board shall make rules establishing:
582          (a) an application process;
583          (b) eligibility criteria, including:
584          (i) criteria related to academic achievement and enrollment status; and
585          (ii) a requirement that an applicant demonstrate completion of the Free Application for
586     Federal Student Aid, unless the student or the student's parent opts out in accordance with
587     board rule;
588          (c) how a student demonstrates financial need;
589          (d) a process to defer a promise grant;
590          (e) a formula to determine the allocation of money to institutions in accordance with
591     Subsection (1), taking into account:
592          (i) the cost of attendance for programs offered by institutions; and
593          (ii) the number of eligible students who attend each institution; and
594          (f) a methodology for prioritizing award of promise grants based primarily on financial
595     need.
596          (4) After an institution awards a promise grant to an eligible student, the institution
597     shall continue to award a promise grant to the eligible student:
598          (a) until the earlier of:
599          (i) two years after the eligible student first receives a promise grant; or
600          (ii) after the eligible student uses a promise grant to attend an institution for four
601     semesters; and
602          (b) provided the eligible student continues to meet the eligibility criteria.
603          (5) The board or an institution may not represent to a recipient or a potential recipient
604     of a promise grant that promise grants will remain available in perpetuity.
605          (6) (a) The board may require an institution to enter into a participation agreement
606     before the institution may award promise grants.
607          (b) In a participation agreement, the board shall include a requirement that the
608     institution:
609          (i) provide to the board information necessary to administer the promise grants;
610          (ii) comply with this section and board rules related to the promise grants;
611          (iii) submit reports related to the promise grants as required by board rule; and
612          (iv) cooperate in any review or financial audit related to the promise grants that the
613     board determines necessary.
614          (7) (a) The board may use up to 2% of the money appropriated for promise grants for
615     costs related to administering the promise grants.
616          (b) An institution may use up to 3% of the money the institution receives for promise
617     grants for costs related to administering the promise grants.
618          Section 13. Section 53B-13a-106, which is renumbered from Section 53B-8-304 is
619     renumbered and amended to read:
620          [53B-8-304].      53B-13a-106. Utah promise partners.
621          (1) [In] As part of the Utah Promise Program and in consultation with the Talent Ready
622     Utah Program created in Section 63N-1b-302, [and in accordance with Subsection (2),] the
623     board [shall] may select employers to be promise partners.
624          (2) The board may select an employer as a promise partner if the employer:
625          (a) applies to the board to be a promise partner; and
626          (b) meets other requirements established by the board in the rules described in
627     Subsection (5).
628          (3) An individual employed by a promise partner is eligible to receive a partner award
629     if the individual:
630          (a) applies for a partner award;
631          (b) is admitted to and enrolled in an institution;
632          [(c) is a Utah resident;]
633          [(d) does not have an associate or higher postsecondary degree;]
634          [(e)] (c) meets requirements established by the promise partner related to a partner
635     award; and
636          [(f)] (d) maintains the eligibility requirements described in this Subsection (3) for the
637     full length of time the individual receives the partner award.
638          (4) (a) Subject to legislative appropriations and Subsection (4)(b), the board shall
639     award a partner award to an individual who meets the requirements described in Subsection
640     (3).
641          (b) The board may:
642          (i) award a partner award for up to the portion of tuition and fees for a program at an
643     institution that is not covered by an employer reimbursement described in Subsection (5)(b);
644     and
645          (ii) prioritize awarding partner awards if an appropriation for partner awards is not
646     sufficient to provide a partner award to each individual who is eligible under Subsection (3).
647          (c) The board may continue to award a partner award to a recipient who meets the
648     requirements described in Subsection (3) until the earliest of the following:
649          (i) two years after the individual initially receives a partner award;
650          (ii) the recipient uses a partner award to attend an institution for four semesters;
651          (iii) the recipient completes the requirements for an associate degree; or
652          (iv) if the recipient attends an institution that does not offer associate degrees, the
653     recipient has 60 earned credit hours.
654          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
655     board shall make rules that establish:
656          (a) requirements for an employer to seek and receive approval from the board for the
657     employer's employees to receive partner awards;
658          (b) requirements related to an employer providing reimbursement to an employee who
659     receives a partner award for a portion of the employee's tuition and fees;
660          (c) a process for an individual to apply for a partner award;
661          (d) criteria for the board to prioritize awarding partner awards to individuals; and
662          (e) a requirement that an institution shall, for a recipient of a partner award:
663          (i) evaluate the recipient's knowledge, skills, and competencies acquired through
664     formal or informal education outside the traditional postsecondary academic environment; and
665          (ii) award credit, as applicable, for the recipient's prior learning described in Subsection
666     (5)(e)(i).
667          (6) The board may allow an individual to apply directly to the board for a partner
668     award.
669          Section 14. Section 63G-12-402 is amended to read:
670          63G-12-402. Receipt of state, local, or federal public benefits -- Verification --
671     Exceptions -- Fraudulently obtaining benefits -- Criminal penalties -- Annual report.
672          (1) (a) Except as provided in Subsection (3) or when exempted by federal law, an
673     agency or political subdivision of the state shall verify the lawful presence in the United States
674     of an individual at least 18 years of age who applies for:
675          (i) a state or local public benefit as defined in 8 U.S.C. Sec. 1621; or
676          (ii) a federal public benefit as defined in 8 U.S.C. Sec. 1611, that is administered by an
677     agency or political subdivision of this state.
678          (b) For purpose of a license issued under Title 58, Chapter 55, Utah Construction
679     Trades Licensing Act, to an applicant that is an unincorporated entity, the Department of
680     Commerce shall verify in accordance with this Subsection (1) the lawful presence in the United
681     States of each individual who:
682          (i) owns an interest in the contractor that is an unincorporated entity; and
683          (ii) engages, or will engage, in a construction trade in Utah as an owner of the
684     contractor described in Subsection (1)(b)(i).
685          (2) This section shall be enforced without regard to race, religion, gender, ethnicity, or
686     national origin.
687          (3) Verification of lawful presence under this section is not required for:
688          (a) any purpose for which lawful presence in the United States is not restricted by law,
689     ordinance, or regulation;
690          (b) assistance for health care items and services that:
691          (i) are necessary for the treatment of an emergency medical condition, as defined in 42
692     U.S.C. Sec. 1396b(v)(3), of the individual involved; and
693          (ii) are not related to an organ transplant procedure;
694          (c) short-term, noncash, in-kind emergency disaster relief;
695          (d) public health assistance for immunizations with respect to immunizable diseases
696     and for testing and treatment of symptoms of communicable diseases whether or not the
697     symptoms are caused by the communicable disease;
698          (e) programs, services, or assistance such as soup kitchens, crisis counseling and
699     intervention, and short-term shelter, specified by the United States Attorney General, in the
700     sole and unreviewable discretion of the United States Attorney General after consultation with
701     appropriate federal agencies and departments, that:
702          (i) deliver in-kind services at the community level, including through public or private
703     nonprofit agencies;
704          (ii) do not condition the provision of assistance, the amount of assistance provided, or
705     the cost of assistance provided on the income or resources of the individual recipient; and
706          (iii) are necessary for the protection of life or safety;
707          (f) the exemption for paying the nonresident portion of total tuition as set forth in
708     Section 53B-8-106;
709          (g) an applicant for a license under Section 61-1-4, if the applicant:
710          (i) is registered with the Financial Industry Regulatory Authority; and
711          (ii) files an application with the state Division of Securities through the Central
712     Registration Depository;
713          (h) a state public benefit to be given to an individual under Title 49, Utah State
714     Retirement and Insurance Benefit Act;
715          (i) a home loan that will be insured, guaranteed, or purchased by:
716          (i) the Federal Housing Administration, the Veterans Administration, or any other
717     federal agency; or
718          (ii) an enterprise as defined in 12 U.S.C. Sec. 4502;
719          (j) a subordinate loan or a grant that will be made to an applicant in connection with a
720     home loan that does not require verification under Subsection (3)(i);
721          (k) an applicant for a license issued by the Department of Commerce or individual
722     described in Subsection (1)(b), if the applicant or individual provides the Department of
723     Commerce:
724          (i) certification, under penalty of perjury, that the applicant or individual is:
725          (A) a United States citizen;
726          (B) a qualified alien as defined in 8 U.S.C. Sec. 1641; or
727          (C) lawfully present in the United States; and
728          (ii) (A) the number assigned to a driver license or identification card issued under Title
729     53, Chapter 3, Uniform Driver License Act; or
730          (B) the number assigned to a driver license or identification card issued by a state other
731     than Utah if, as part of issuing the driver license or identification card, the state verifies an
732     individual's lawful presence in the United States; and
733          (l) an applicant for:
734          (i) an Opportunity scholarship described in Title 53B, Chapter 8, Part 2, Regents'
735     Scholarship Program;
736          (ii) a New Century scholarship described in Section 53B-8-105;
737          (iii) a promise [scholarship described in Section 53B-8-303] grant described in Section
738     53B-13a-104; or
739          (iv) a scholarship:
740          (A) for an individual who is a graduate of a high school located within Utah; and
741          (B) administered by an institution of higher education as defined in Section 53B-2-101.
742          (4) (a) An agency or political subdivision required to verify the lawful presence in the
743     United States of an applicant under this section shall require the applicant to certify under
744     penalty of perjury that:
745          (i) the applicant is a United States citizen; or
746          (ii) the applicant is:
747          (A) a qualified alien as defined in 8 U.S.C. Sec. 1641; and
748          (B) lawfully present in the United States.
749          (b) The certificate required under this Subsection (4) shall include a statement advising
750     the signer that providing false information subjects the signer to penalties for perjury.
751          (5) An agency or political subdivision shall verify a certification required under
752     Subsection (4)(a)(ii) through the federal SAVE program.
753          (6) (a) An individual who knowingly and willfully makes a false, fictitious, or
754     fraudulent statement or representation in a certification under Subsection (3)(k) or (4) is subject
755     to the criminal penalties applicable in this state for:
756          (i) making a written false statement under Subsection 76-8-504(2); and
757          (ii) fraudulently obtaining:
758          (A) public assistance program benefits under Sections 76-8-1205 and 76-8-1206; or
759          (B) unemployment compensation under Section 76-8-1301.
760          (b) If the certification constitutes a false claim of United States citizenship under 18
761     U.S.C. Sec. 911, the agency or political subdivision shall file a complaint with the United
762     States Attorney General for the applicable district based upon the venue in which the
763     application was made.
764          (c) If an agency or political subdivision receives verification that a person making an
765     application for a benefit, service, or license is not a qualified alien, the agency or political
766     subdivision shall provide the information to the Office of the Attorney General unless
767     prohibited by federal mandate.
768          (7) An agency or political subdivision may adopt variations to the requirements of this
769     section that:
770          (a) clearly improve the efficiency of or reduce delay in the verification process; or
771          (b) provide for adjudication of unique individual circumstances where the verification
772     procedures in this section would impose an unusual hardship on a legal resident of Utah.
773          (8) It is unlawful for an agency or a political subdivision of this state to provide a state,
774     local, or federal benefit, as defined in 8 U.S.C. Sec. 1611 and 1621, in violation of this section.
775          (9) A state agency or department that administers a program of state or local public
776     benefits shall:
777          (a) provide an annual report to the governor, the president of the Senate, and the
778     speaker of the House regarding its compliance with this section; and
779          (b) (i) monitor the federal SAVE program for application verification errors and
780     significant delays;
781          (ii) provide an annual report on the errors and delays to ensure that the application of
782     the federal SAVE program is not erroneously denying a state or local benefit to a legal resident
783     of the state; and
784          (iii) report delays and errors in the federal SAVE program to the United States
785     Department of Homeland Security.
786          Section 15. Section 63I-2-253 is amended to read:
787          63I-2-253. Repeal dates -- Titles 53 through 53G.
788          [(1) Section 53-1-106.1 is repealed January 1, 2022.]
789          [(2) (a) Section 53-2a-217, regarding procurement during an epidemic or pandemic
790     emergency, is repealed on December 31, 2021.]
791          [(b) When repealing Section 53-2a-217, the Office of Legislative Research and General
792     Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
793     necessary changes to subsection numbering and cross references.]
794          [(3) Section 53-2a-219, in relation to termination of emergency powers pertaining to
795     COVID-19, is repealed on July 1, 2021.]
796          [(4)] (1) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
797     technical college board of trustees, is repealed July 1, 2022.
798          (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
799     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
800     necessary changes to subsection numbering and cross references.
801          [(5)] (2) Section 53B-6-105.7 is repealed July 1, 2024.
802          [(6) (a) Subsection 53B-7-705(6)(b)(iii)(A), the language that states "Except as
803     provided in Subsection (6)(b)(iii)(B)," is repealed July 1, 2021.]
804          [(b) Subsection 53B-7-705(6)(b)(iii)(B), regarding comparing a technical college's
805     change in performance with the technical college's average performance, is repealed July 1,
806     2021.]
807          [(7) (a) Subsection 53B-7-707(3)(a)(ii), the language that states "Except as provided in
808     Subsection (3)(b)," is repealed July 1, 2021.]
809          [(b) Subsection 53B-7-707(3)(b), regarding performance data of a technical college
810     during a fiscal year before fiscal year 2020, is repealed July 1, 2021.]
811          [(8)] (3) Section 53B-7-707 regarding performance metrics for technical colleges is
812     repealed July 1, 2023.
813          [(9)] (4) Section 53B-8-114 is repealed July 1, 2024.
814          [(10)] (5) The following [sections] provisions, regarding the Regents' scholarship
815     program, are repealed on July 1, 2023:
816          (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
817     established under Sections 53B-8-202 through 53B-8-205";
818          [(a)] (b) Section 53B-8-202;
819          [(b)] (c) Section 53B-8-203;
820          [(c)] (d) Section 53B-8-204; and
821          [(d)] (e) Section 53B-8-205.
822          [(11)] (6) Section 53B-10-101 is repealed on July 1, 2027.
823          [(12)] (7) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
824     repealed July 1, 2023.
825          [(13)] (8) Section 53E-1-202.2, regarding a Public Education Appropriations
826     Subcommittee evaluation and recommendations, is repealed January 1, 2024.
827          [(14) Section 53E-3-520 is repealed July 1, 2021.]
828          [(15)] (9) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed
829     July 1, 2024.
830          [(16)] (10) In Subsections 53F-2-205(4) and (5), regarding the State Board of
831     Education's duties if contributions from the minimum basic tax rate are overestimated or
832     underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
833     2023.
834          [(17)] (11) Section 53F-2-209, regarding local education agency budgetary flexibility,
835     is repealed July 1, 2024.
836          [(18)] (12) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
837     repealed July 1, 2023.
838          [(19)] (13) Section 53F-2-302.1, regarding the Enrollment Growth Contingency
839     Program, is repealed July 1, 2023.
840          [(20)] (14) Subsection 53F-2-314(4), relating to a one-time expenditure between the
841     at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
842          [(21) Section 53F-2-418, regarding the Supplemental Educator COVID-19 Stipend, is
843     repealed January 1, 2022.]
844          [(22)] (15) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
845     applicable" is repealed July 1, 2023.
846          [(23)] (16) Section 53F-4-207 is repealed July 1, 2022.
847          [(24)] (17) Subsection 53F-4-401(3)(b), regarding a child enrolled or eligible for
848     enrollment in kindergarten, is repealed July 1, 2022.
849          [(25)] (18) In Subsection 53F-4-404(4)(c), the language that states "Except as provided
850     in Subsection (4)(d)" is repealed July 1, 2022.
851          [(26)] (19) Subsection 53F-4-404(4)(d) is repealed July 1, 2022.
852          [(27)] (20) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
853     applicable" is repealed July 1, 2023.
854          [(28)] (21) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
855     applicable" is repealed July 1, 2023.
856          [(29)] (22) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
857     applicable" is repealed July 1, 2023.
858          [(30)] (23) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5,
859     as applicable" is repealed July 1, 2023.
860          [(31)] (24) Subsections 53G-10-204(1)(c) through (e), and Subsection 53G-10-204(6),
861     related to the civics engagement pilot program, are repealed on July 1, 2023.
862          [(32)] (25) On July 1, 2023, when making changes in this section, the Office of
863     Legislative Research and General Counsel shall, in addition to the office's authority under
864     Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
865     identified in this section are complete sentences and accurately reflect the office's perception of
866     the Legislature's intent.
867          Section 16. Section 64-13e-102 is amended to read:
868          64-13e-102. Definitions.
869          As used in this chapter:
870          (1) "Actual county daily incarceration rate" means the median amount of jail daily
871     incarceration costs based on the data submitted by counties in accordance with Section
872     64-13e-104(6)(b).
873          (2) "Actual state daily incarceration rate" means the average daily incarceration rate,
874     calculated by the department based on the previous three fiscal years, that reflects the following
875     expenses incurred by the department for housing an inmate:
876          (a) executive overhead;
877          (b) administrative overhead;
878          (c) transportation overhead;
879          (d) division overhead; and
880          (e) motor pool expenses.
881          (3) "Alternative treatment" means:
882          (a) evidence-based cognitive behavioral therapy; or
883          (b) a certificate-based program provided by [a Utah technical college, as defined in
884     Section 53B-26-102.]:
885          (i) an institution of higher education described in Subsection 53B-1-102(1)(b); or
886          (ii) a degree-granting institution acting in the degree-granting institution's technical
887     education role described in Section 53B-2a-201.
888          (4) "Annual inmate jail days" means the total number of state probationary inmates
889     housed in a county jail each day for the preceding fiscal year.
890          (5) "CCJJ" means the Utah Commission on Criminal and Juvenile Justice, created in
891     Section 63M-7-201.
892          (6) "Department" means the Department of Corrections.
893          (7) "Division of Finance" means the Division of Finance, created in Section
894     63A-3-101.
895          (8) "Final county daily incarceration rate" means the amount equal to:
896          (a) the amount appropriated by the Legislature for the purpose of making payments to
897     counties under Section 64-13e-104; divided by
898          (b) the average annual inmate jail days for the preceding five fiscal years.
899          (9) "Jail daily incarceration costs" means the following daily costs incurred by a county
900     jail for housing a state probationary inmate on behalf of the department:
901          (a) executive overhead;
902          (b) administrative overhead;
903          (c) transportation overhead;
904          (d) division overhead; and
905          (e) motor pool expenses.
906          (10) "State inmate" means an individual, other than a state probationary inmate or state
907     parole inmate, who is committed to the custody of the department.
908          (11) "State parole inmate" means an individual who is:
909          (a) on parole, as defined in Section 77-27-1; and
910          (b) housed in a county jail for a reason related to the individual's parole.
911          (12) "State probationary inmate" means a felony probationer sentenced to time in a
912     county jail under Subsection 77-18-105(6).
913          (13) "Treatment program" means:
914          (a) an alcohol treatment program;
915          (b) a substance abuse treatment program;
916          (c) a sex offender treatment program; or
917          (d) an alternative treatment program.
918          Section 17. Repealer.
919          This bill repeals:
920          Section 53B-8-301, Definitions.
921          Section 53B-8-302, Access Utah Promise Scholarship Program.
922          Section 53B-8-303, Access Utah promise scholarships.
923          Section 53B-10-204, Repayment of an incentive loan.
924          Section 53B-11-104, Eligibility for student financial aid -- Filing of selective service
925     status.
926          Section 53B-13a-101, Title.
927          Section 53B-13a-105, Disbursal of financial aid -- Additional resources.
928          Section 53B-26-101, Title.
929          Section 53B-26-102, Definitions.
930          Section 53B-26-103, GO Utah office reporting requirement -- Proposals --
931     Funding.
932          Section 18. Appropriation.
933          The following sums of money are appropriated for the fiscal year beginning July 1,
934     2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
935     fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
936     Act, the Legislature appropriates the following sums of money from the funds or accounts
937     indicated for the use and support of the government of the state of Utah.
938     ITEM 1
939          To Utah Board of Higher Education - Administration
940               From Education Fund
$718,000

941               Schedule of Programs:
942                    Administration                    $718,000
943          The Legislature intends that the Utah Board of Higher Education use the appropriation
944     provided under this section to pay for up to six full-time positions, including related costs, for
945     the purpose of implementing the educational pathways plan described in Section 53B-10-106.