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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; and
28 ▸ makes technical changes.
29 Money Appropriated in this Bill:
30 This bill appropriates in fiscal year 2023:
31 ▸ to the Utah Board of Higher Education - Administration - Administration as an
32 ongoing appropriation:
33 • from the Education Fund, $718,000.
34 Other Special Clauses:
35 None
36 Utah Code Sections Affected:
37 AMENDS:
38 53B-1-301, as last amended by Laws of Utah 2021, Chapters 282, 351, 402, and 425
39 53B-8-105, as last amended by Laws of Utah 2021, Chapter 402
40 53B-8-112, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 13
41 53B-8-201, as last amended by Laws of Utah 2021, Chapter 402
42 53B-10-101, as last amended by Laws of Utah 2019, Chapter 129
43 53B-10-201, as last amended by Laws of Utah 2021, Chapter 282
44 53B-10-202, as enacted by Laws of Utah 2018, Chapter 402
45 53B-10-205, as enacted by Laws of Utah 2018, Chapter 402
46 53B-13a-102, as last amended by Laws of Utah 2011, Chapter 11
47 53B-13a-103, as last amended by Laws of Utah 2011, Chapter 11
48 63G-12-402, as last amended by Laws of Utah 2021, Chapter 402
49 63I-2-253, as last amended by Laws of Utah 2021, First Special Session, Chapter 14
50 ENACTS:
51 53b-10-106, Utah Code Annotated 1953
52 REPEALS AND REENACTS:
53 53B-13a-104, as last amended by Laws of Utah 2020, Chapter 196
54 RENUMBERS AND AMENDS:
55 53B-13a-106, (Renumbered from 53B-8-304, as last amended by Laws of Utah 2021,
56 Chapter 282)
57 REPEALS:
58 53B-8-301, as last amended by Laws of Utah 2020, Chapter 365
59 53B-8-302, as enacted by Laws of Utah 2019, Chapter 444
60 53B-8-303, as last amended by Laws of Utah 2020, Chapters 63 and 365
61 53B-10-204, as enacted by Laws of Utah 2018, Chapter 402
62 53B-11-104, as last amended by Laws of Utah 2020, Chapter 365
63 53B-13a-101, as last amended by Laws of Utah 2011, Chapter 11
64 53B-13a-105, as last amended by Laws of Utah 2004, Chapter 10
65
66 Be it enacted by the Legislature of the state of Utah:
67 Section 1. Section 53B-1-301 is amended to read:
68 53B-1-301. Reports to and actions of the Higher Education Appropriations
69 Subcommittee.
70 (1) In accordance with applicable provisions and Section 68-3-14, the following
71 recurring reports are due to the Higher Education Appropriations Subcommittee:
72 (a) the reports described in Sections 34A-2-202.5, 53B-30-206, and 59-9-102.5 by the
73 Rocky Mountain Center for Occupational and Environmental Health;
74 (b) the report described in Section 53B-7-101 by the board on recommended
75 appropriations for higher education institutions, including the report described in Section
76 53B-8-104 by the board on the effects of offering nonresident partial tuition scholarships;
77 (c) the report described in Section 53B-7-704 by the Department of Workforce
78 Services and the Governor's Office of Economic Opportunity on targeted jobs;
79 (d) the reports described in Section 53B-7-705 by the board on performance;
80 (e) the report described in Section 53B-8-201 by the board on the Opportunity
81 Scholarship Program;
82 [
83
84 [
85 Family Services on tuition waivers for wards of the state;
86 [
87 Assistance Authority;
88 [
89 the [
90 [
91 the Miners' Hospital for Disabled Miners;
92 [
93 Economic Opportunity on high demand technical jobs projected to support economic growth;
94 [
95 on projected demand for nursing professionals; and
96 [
97 and board on student participation in the concurrent enrollment program.
98 (2) In accordance with applicable provisions and Section 68-3-14, the following
99 occasional reports are due to the Higher Education Appropriations Subcommittee:
100 (a) upon request, the information described in Section 53B-8a-111 submitted by the
101 Utah Educational Savings Plan;
102 (b) a proposal described in Section 53B-26-202 by an eligible program to respond to
103 projected demand for nursing professionals;
104 (c) a report in 2023 from Utah Valley University and the Utah Fire Prevention Board
105 on the fire and rescue training program described in Section 53B-29-202; and
106 (d) the reports described in Section 63C-19-202 by the Higher Education Strategic
107 Planning Commission on the commission's progress.
108 (3) In accordance with applicable provisions, the Higher Education Appropriations
109 Subcommittee shall complete the following:
110 (a) as required by Section 53B-7-703, the review of performance funding described in
111 Section 53B-7-703;
112 (b) an appropriation recommendation described in Section 53B-26-103 to fund a
113 proposal responding to workforce needs of a strategic industry cluster;
114 (c) an appropriation recommendation described in Section 53B-26-202 to fund a
115 proposal responding to projected demand for nursing professionals; and
116 (d) review of the report described in Section 63B-10-301 by the University of Utah on
117 the status of a bond and bond payments specified in Section 63B-10-301.
118 Section 2. Section 53B-8-105 is amended to read:
119 53B-8-105. New Century scholarships -- High school requirements.
120 (1) Notwithstanding the provisions of this section, the board may not accept a new
121 application for a scholarship described in this section on or after August 15, 2021.
122 (2) As used in this section:
123 (a) "Complete the requirements for an associate degree" means that a student:
124 (i) (A) completes all the required courses for an associate degree from a higher
125 education institution within the state system of higher education that offers associate degrees;
126 and
127 (B) applies for the associate degree from the institution; or
128 (ii) completes equivalent requirements described in Subsection (2)(a)(i)(A) from a
129 higher education institution within the state system of higher education that offers
130 baccalaureate degrees but does not offer associate degrees.
131 (b) "Fee" means a fee approved by the board.
132 (3) (a) The board shall award New Century scholarships.
133 (b) The board shall develop and approve the math and science curriculum described
134 under Subsection (4)(a)(ii).
135 (4) (a) In order to qualify for a New Century scholarship, a student in Utah schools
136 shall complete the requirements for an:
137 (i) associate degree; or
138 (ii) approved math and science curriculum.
139 (b) The requirements under Subsection (4)(a) shall be completed:
140 (i) by the day on which the student's class graduates from high school; and
141 (ii) with at least a 3.0 grade point average.
142 (c) In addition to the requirements in Subsection (4)(a), a student in Utah shall:
143 (i) complete the high school graduation requirements of:
144 (A) a public high school established by the State Board of Education and the student's
145 school district or charter school; or
146 (B) a private high school in the state that is accredited by a regional accrediting body
147 approved by the board; and
148 (ii) complete high school with at least a 3.5 cumulative high school grade point
149 average.
150 (5) Notwithstanding Subsection (4), for a student who does not receive a high school
151 grade point average, the student shall:
152 (a) complete the requirements for an associate degree:
153 (i) by June 15 of the year the student completes high school; and
154 (ii) with at least a 3.0 grade point average; and
155 (b) score a composite ACT score of 26 or higher.
156 (6) (a) To be eligible for the scholarship, a student:
157 (i) shall submit an application to the board with:
158 (A) an official college transcript showing college courses the student has completed to
159 complete the requirements for an associate degree; and
160 (B) if applicable, an official high school transcript or, if applicable, a copy of the
161 student's ACT scores;
162 (ii) shall be a citizen of the United States or a noncitizen who is eligible to receive
163 federal student aid;
164 (iii) if applicable, shall meet the application deadlines as established by the board under
165 Subsection (11); and
166 (iv) shall demonstrate, in accordance with rules described in Subsection (6)(b), the
167 completion of a Free Application for Federal Student Aid.
168 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
169 board shall make rules regarding the completion of the Free Application for Federal Student
170 Aid described in Subsection (6)(a)(iv), including:
171 (i) provisions for students or parents to opt out of the requirement due to:
172 (A) financial ineligibility for any potential grant or other financial aid;
173 (B) personal privacy concerns; or
174 (C) other reasons the board specifies; and
175 (ii) direction for applicants to financial aid advisors.
176 (7) (a) The scholarship may be used at a:
177 (i) higher education institution within the state system of higher education that offers
178 baccalaureate programs; or
179 (ii) if the scholarship holder applies for the scholarship on or before October 1, 2019,
180 private, nonprofit college or university in the state accredited by the Northwest Association of
181 Schools and Colleges that offers baccalaureate programs.
182 (b) (i) Subject to Subsection (7)(e), the total value of the scholarship is up to $5,000,
183 allocated over a time period described in Subsection (7)(c), as prescribed by the board.
184 (ii) The board may increase the scholarship amount described in Subsection (7)(b)(i)
185 by an amount not to exceed the average percentage tuition increase approved by the board for
186 institutions in the state system of higher education.
187 (c) The scholarship is valid for the shortest of the following time periods:
188 (i) two years of full-time equivalent enrollment;
189 (ii) 60 credit hours; or
190 (iii) until the student meets the requirements for a baccalaureate degree.
191 (d) (i) A scholarship holder shall enroll full-time at a higher education institution by no
192 later than the fall term immediately following the student's high school graduation date or
193 receive an approved deferral from the board.
194 (ii) The board may grant a deferral or leave of absence to a scholarship holder, but the
195 scholarship holder may only receive scholarship money within five years of the student's high
196 school graduation date.
197 (e) For a scholarship for which a student applies after October 1, 2019:
198 (i) the board shall reduce the amount of the scholarship holder's scholarship so that the
199 total amount of state aid awarded to the scholarship holder, including tuition or fee waivers or
200 the scholarship, does not exceed the cost of the scholarship holder's tuition and fees; and
201 (ii) the scholarship holder may only use the scholarship for tuition and fees.
202 (8) The board may cancel a New Century scholarship at any time if the student fails to:
203 (a) register for at least 15 credit hours per semester;
204 (b) maintain a 3.3 grade point average for two consecutive semesters; or
205 (c) make reasonable progress toward the completion of a baccalaureate degree.
206 (9) (a) Subject to future budget constraints, the Legislature shall make an annual
207 appropriation from the General Fund to the board for the costs associated with the New
208 Century Scholarship Program authorized under this section.
209 (b) It is understood that the appropriation is offset in part by the state money that would
210 otherwise be required and appropriated for these students if they were enrolled in a four-year
211 postsecondary program at a state-operated institution.
212 (c) Notwithstanding Subsections (3)(a) and (7), if the appropriation under Subsection
213 (9)(a) is insufficient to cover the costs associated with the New Century Scholarship Program,
214 the board may reduce the scholarship amount.
215 (d) If money appropriated under this section is available after New Century
216 scholarships are awarded, the board shall use the money for the [
217
218 53B-13a-103.
219 (10) (a) The board shall adopt policies establishing an application process and an
220 appeal process for a New Century scholarship.
221 (b) The board shall disclose on all applications and related materials that the amount of
222 the scholarship is subject to funding and may be reduced, in accordance with Subsection (9)(c).
223 (c) The board shall require an applicant for a New Century scholarship to certify under
224 penalty of perjury that:
225 (i) the applicant is a United States citizen; or
226 (ii) the applicant is a noncitizen who is eligible to receive federal student aid.
227 (d) The certification under this Subsection (10) shall include a statement advising the
228 signer that providing false information subjects the signer to penalties for perjury.
229 (11) The board may set deadlines for receiving New Century scholarship applications
230 and supporting documentation.
231 (12) A student may not receive both a New Century scholarship and an Opportunity
232 scholarship established in [
233 scholarship established under Sections 53B-8-202 through 53B-8-205.
234 Section 3. Section 53B-8-112 is amended to read:
235 53B-8-112. Public Safety Officer Career Advancement Grant Program.
236 (1) The Public Safety Officer Career Advancement [
237 created.
238 (2) Subject to legislative appropriations and Subsection [
239 [
240 (a) is a certified peace officer, currently employed by a law enforcement agency within
241 the state; and
242 [
243
244 [
245 credit-granting higher education institution within the state system of higher education,
246 described in Section 53B-1-102[
247 [
248
249 [
250
251
252 [
253
254 [
255
256
257 [
258
259
260 [
261 applicant [
262 (b) [
263 (i) a maximum of $5,000 each academic year; and
264 (ii) a maximum of [
265 (4) The board shall design the program to utilize a packaging approach that ensures
266 that institutions combine loans, grants, employment, and family and individual contributions
267 toward financing the cost of attendance at a postsecondary institution.
268 [
269 Administrative Rulemaking Act, to:
270 (i) set deadlines for receiving [
271 documentation; and
272 (ii) establish the application process and an appeal process for [
273 the Public Safety Officer Career Advancement [
274
275 (b) The board shall include a disclosure on all applications and related materials that
276 the amount of the awarded [
277 accordance with Subsection [
278 [
279 appropriation from the Education Fund to the board for the costs associated with the Public
280 Safety Officer Career Advancement [
281 section.
282 (b) Notwithstanding the provisions of this section, if the appropriation under this
283 section is insufficient to cover the costs associated with the Public Safety Officer Career
284 Advancement [
285 (i) [
286 (ii) [
287 applicants who submitted a complete application before the application deadline.
288 [
289
290 Section 4. Section 53B-8-201 is amended to read:
291 53B-8-201. Opportunity Scholarship Program.
292 (1) As used in this section:
293 (a) "Eligible institution" means:
294 (i) a degree-granting institution of higher education within the state system of higher
295 education; or
296 (ii) a private, nonprofit college or university in the state that is accredited by the
297 Northwest Commission on Colleges and Universities.
298 (b) "Eligible student" means a student who:
299 (i) applies to the board in accordance with the rules described in Subsection (5);
300 (ii) is enrolled in an eligible institution; and
301 (iii) meets the criteria established by the board in rules described in Subsection (5).
302 (c) "Fee" means:
303 (i) for an eligible institution that is a degree-granting institution, a fee approved by the
304 board; or
305 (ii) for an eligible institution that is a technical college, a fee approved by the eligible
306 institution.
307 (d) "Program" means the Opportunity Scholarship Program described in this section.
308 (2) (a) Subject to legislative appropriations, the board shall annually distribute money
309 for the Opportunity Scholarship Program described in this section to each eligible institution to
310 award as Opportunity scholarships to eligible students.
311 (b) The board shall annually determine the amount of an Opportunity scholarship based
312 on:
313 (i) the number of eligible students in the state; and
314 (ii) money available for the program.
315 (c) The board may not use more than 3% of the money appropriated to the program for
316 administrative costs and overhead.
317 (3) (a) Except as provided in this Subsection (3), an eligible institution shall provide to
318 an eligible student an Opportunity scholarship in the amount determined by the board described
319 in Subsection (2)(b).
320 (b) For an Opportunity scholarship for which an eligible student applies on or before
321 July 1, 2019, an eligible institution may reduce the amount of the Opportunity scholarship
322 based on other state aid awarded to the eligible student for tuition and fees.
323 (c) For an Opportunity scholarship for which an eligible student applies after July 1,
324 2019:
325 (i) an eligible institution shall reduce the amount of the Opportunity scholarship so that
326 the total amount of state aid awarded to the eligible student, including tuition or fee waivers
327 and the Opportunity scholarship, does not exceed the cost of the eligible student's tuition and
328 fees; and
329 (ii) the eligible student may only use the Opportunity scholarship for tuition and fees.
330 (d) An institution described in Subsection (1)(a)(ii) may not award an Opportunity
331 scholarship to an eligible student in an amount that exceeds the average total cost of tuition and
332 fees among the eligible institutions described in Subsection (1)(a)(i).
333 (e) If the allocation for an eligible institution described in Subsection (1)(a)(ii) is
334 insufficient to provide the amount described in Subsection (2)(b) to each eligible student, the
335 eligible institution may reduce the amount of an Opportunity scholarship.
336 (4) The board may:
337 (a) audit an eligible institution's administration of Opportunity scholarships;
338 (b) require an eligible institution to repay to the board money distributed to the eligible
339 institution under this section that is not provided to an eligible student as an Opportunity
340 scholarship; and
341 (c) require an eligible institution to enter into a written agreement with the board in
342 which the eligible institution agrees to provide the board with access to information and data
343 necessary for the purposes of the program.
344 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
345 board shall make rules that establish:
346 (a) requirements related to an eligible institution's administration of Opportunity
347 scholarships;
348 (b) a process for a student to apply to the board to determine the student's eligibility for
349 an Opportunity scholarship;
350 (c) criteria to determine a student's eligibility for an Opportunity scholarship,
351 including:
352 (i) minimum secondary education academic performance standards; and
353 (ii) the completion of a Free Application for Federal Student Aid or a process approved
354 by the board in lieu of the Free Application for Federal Student Aid;
355 (d) a requirement for each eligible institution to annually report to the board on all
356 Opportunity scholarships awarded by the eligible institution; and
357 (e) a process for a student to apply to the board for an Opportunity scholarship who
358 would have likely received the scholarship but for an irreconcilable error in the application
359 process described in Subsection (5)(b).
360 (6) The board shall annually report on the program to the Higher Education
361 Appropriations Subcommittee.
362 (7) The State Board of Education, a school district, or a public high school shall
363 cooperate with the board and eligible institutions to facilitate the program, including by
364 exchanging relevant data where allowed by law.
365 Section 5. Section 53B-10-101 is amended to read:
366 53B-10-101. Terrel H. Bell Teaching Incentive Loans program -- Eligible
367 students -- Cancellation of incentive loans -- Repayment by recipient who fails to meet
368 requirements -- Duration of incentive loans.
369 (1) (a) Notwithstanding the provisions of this section, the board may not award an
370 incentive loan described in this section on or after July 1, 2019.
371 (b) The provisions of this section apply to an incentive loan described in this section
372 that was awarded before July 1, 2019.
373 (2) (a) A Terrel H. Bell Teaching Incentive Loans program is established to recruit and
374 train superior candidates for teaching in Utah's public school system as a component of the
375 teacher quality continuum referred to in Subsections 53E-2-302(7) and 53E-6-103(2)(a).
376 (b) Under the program, the incentive loans may be used in any of Utah's state-operated
377 institutions of higher education or at a private institution of higher education in Utah that offers
378 a state-approved teacher education program.
379 (3) (a) The board shall award the incentive loans to college students who have been
380 admitted to, or have made application to and are prepared to enter into, a program preparing
381 students for licensure and who declare an intent to complete the prescribed course of
382 instruction and to teach in this state in accordance with the priorities described under
383 Subsection (6)(c).
384 (b) The incentive loan may be canceled at any time by the institution of attendance if:
385 (i) the student fails to make reasonable progress toward completion of licensing
386 requirements; or
387 (ii) it appears to be a reasonable certainty that the student does not intend to teach in
388 Utah.
389 (c) The board may grant leaves of absence to incentive loan holders.
390 (d) The board may establish by rule made in accordance with Title 63G, Chapter 3,
391 Utah Administrative Rulemaking Act, criteria and procedures under which the board may
392 forgive a loan made under this section.
393 (4) The board may require an incentive loan recipient who fails to complete the
394 requirements for licensing without good cause to repay all tuition and fees provided by the
395 loan, together with appropriate interest.
396 (5) (a) The board may require an incentive loan recipient who does not work in the
397 state's public school system or a private school within the state within two years after
398 graduation to repay all tuition and fees provided by the loan, together with appropriate interest,
399 unless waived for good cause.
400 (b) (i) A recipient who does not teach for a term equal to the number of years of the
401 incentive loan within a reasonable period of time after graduation shall repay a graduated
402 portion of the tuition and fees based upon the uncompleted term.
403 (ii) One year of teaching is credit for one year's tuition and fees.
404 (c) All repayments made under this Subsection (5) are for use in the Terrel H. Bell
405 Education Scholarship Program described in Section 53B-8-116.
406 (6) (a) Each incentive loan is valid for up to four years of full-time equivalent
407 enrollment, or until requirements for licensing or advanced licensing have been met, whichever
408 is less.
409 (b) (i) Incentive loans apply to both tuition and fees in amounts and are subject to
410 conditions approved by the board, based upon criteria developed to ensure that all recipients of
411 the loans will pursue an education career within the state.
412 (ii) An incentive loan for tuition and fees at a private institution may not exceed the
413 average scholarship amounts granted for tuition and fees at public institutions of higher
414 education within the state.
415 (c) Incentive loans shall be awarded in accordance with prioritized critical areas of
416 need for teaching expertise within the state, as determined by the State Board of Education's
417 criticality index and school district priorities based upon data provided by the school district,
418 and may include preparing persons as:
419 (i) a special education teacher;
420 (ii) a speech or language pathologist; or
421 (iii) another licensed professional providing services in the public schools to pupils
422 with disabilities.
423 Section 6. Section 53B-10-106 is enacted to read:
424 53B-10-106. Pathways development.
425 (1) The board shall develop and implement a plan that creates clear educational
426 pathways:
427 (a) from a technical college described in Subsection 53B-1-102(1)(b) to an institution;
428 and
429 (b) in course work leading to a qualifying degree or a qualifying job as described in
430 Section 53B-10-203.
431 (2) The plan shall maximize efficiencies in transferring eared credit and help align
432 academic programs with workforce needs.
433 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
434 board may make rules necessary to establish a plan described in this section.
435 Section 7. Section 53B-10-201 is amended to read:
436
437 53B-10-201. Definitions.
438 As used in this part:
439 (1) "Award" means a monetary grant awarded in accordance with Section 53B-10-202.
440 [
441 enrollment for a student for purposes of the program.
442 [
443 created in Section 63N-1a-301.
444 [
445 (4) "Institution" means an institution of higher education described in Subsection
446 53B-1-102(1)(a).
447 (5) "Program" means the Talent Development [
448 created in Section 53B-10-202.
449 (6) "Qualifying degree" means an associate's or a bachelor's degree that qualifies an
450 individual to work in a qualifying job, as determined by the GO Utah office under Section
451 53B-10-203.
452 (7) "Qualifying job" means a job:
453 (a) described in Section 53B-10-203 for which an individual may receive an [
454
455 (b) (i) that was selected in accordance with Section 53B-10-203 at the time a recipient
456 received an [
457 (ii) (A) for which the recipient is pursuing a qualifying degree;
458 (B) for which the recipient completed a qualifying degree; or
459 (C) in which the recipient is working.
460 (8) "Recipient" means an individual who receives an [
461 Section 8. Section 53B-10-202 is amended to read:
462 53B-10-202. Talent Development Award Program.
463 (1) There is created the Talent Development [
464 recruit and train individuals to work in certain jobs that have a high demand for new employees
465 and offer high wages.
466 (2) Subject to available funds, an institution shall award [
467 individual who:
468 [
469 [
470 [
471
472 [
473
474 [
475 [
476 53B-10-201(7)(a) in Utah following graduation;
477 [
478 [
479 53B-10-205.
480 (3) (a) An institution may award [
481 the cost of resident tuition, fees, and books for the number of credit hours in which the
482 recipient is enrolled each semester.
483 (b) An institution may award [
484 amount of time for the recipient to complete the qualifying degree, as determined by the
485 institution.
486 (c) An institution may cancel an [
487 described in Section 53B-10-205.
488 (4) An institution may use money from a partnership with an industry or business for
489 funding or repaying an [
490 (5) The board may use up to 5% of money appropriated for the program for
491 administration.
492 Section 9. Section 53B-10-205 is amended to read:
493 53B-10-205. Rulemaking.
494 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
495 board shall make rules to:
496 (1) establish an application process for an individual to apply for an [
497 award;
498 (2) subject to Section 53B-10-202, establish qualifying criteria for an individual to
499 receive an [
500 (3) establish how state funding available for [
501 institutions;
502 (4) establish how to determine an amount of money for an [
503 (5) establish the circumstances under which an institution may[
504 [
505 [
506 [
507 (6) require an institution to provide specified information to the board relevant to
508 administering the program.
509 Section 10. Section 53B-13a-102 is amended to read:
510
511 53B-13a-102. Definitions.
512 As used in this chapter:
513 (1) (a) "Cost of attendance" means the estimated costs associated with attending an
514 institution, as established by the institution in accordance with board policies.
515 (b) "Cost of attendance" includes costs payable to the institution, other direct
516 educational expenses, transportation, and living expenses while attending the institution.
517 (2) (a) "Eligible student" means a financially needy student who is:
518 (i) unconditionally admitted to and enrolled at a Utah postsecondary institution on at
519 least a half-time basis, as defined by the board, in an eligible postsecondary program leading to
520 a defined education or training objective, as defined by the board;
521 (ii) making satisfactory academic progress, as defined by the institution in published
522 policies or rules, toward an education or training objective; and
523 (iii) (A) a resident student under Section 53B-8-102 and rules of the board; or
524 (B) exempt from paying the nonresident portion of total tuition under Section
525 53B-8-106.
526 (b) "Eligible student" does not include a graduate student.
527 (3) "Financially needy student" means a student who demonstrates the financial
528 inability to meet all or a portion of the cost of attendance at an institution for any period of
529 attendance as defined by the board, after considering the student's expected family contribution.
530 (4) "Fiscal year" means the fiscal year of the state.
531 (5) "Partner award" means a financial award described in Section 53B-13a-106.
532 [
533 (7) "Promise partner" means an employer that participates in the program described in
534 Section 53B-13a-106.
535 [
536 (a) an institution of higher education listed in Section [
537 (b) a Utah private, nonprofit postsecondary institution that is accredited by a regional
538 accrediting organization recognized by the board.
539 Section 11. Section 53B-13a-103 is amended to read:
540 53B-13a-103. Utah Promise Program -- Annual report.
541 (1) The Legislature finds that:
542 (a) the prosperity, economic success, and general welfare of the people of Utah and of
543 the state are directly related to the educational levels and skills of the citizens of the state; and
544 (b) financial assistance, to bridge the gap between a financially needy student's
545 resources and the cost of attendance at a Utah postsecondary institution, is a necessary
546 component for ensuring access to postsecondary education and training.
547 (2) There is created the [
548 assistance to students [
549
550 (3) The board shall annually submit an electronic report to the Higher Education
551 Appropriations Subcommittee regarding the Utah Promise Program.
552 Section 12. Section 53B-13a-104 is repealed and reenacted to read:
553 53B-13a-104. Promise grants.
554 (1) (a) As part of the Utah Promise Program and in accordance with this section, the
555 board shall allocate available money to each institution to use to award promise grants to
556 eligible students to pay the eligible student's cost of attendance.
557 (b) An eligible student may apply for a promise grant in accordance with procedures
558 established by board rule.
559 (c) The amount of a promise grant to an eligible student may not exceed the amount
560 equal to the difference between:
561 (i) the eligible student's cost of attendance; and
562 (ii) the total value of other financial aid that the eligible student receives toward the
563 eligible student's cost of attendance.
564 (d) An eligible student may transfer a promise grant to one or more other institutions.
565 (2) In administering this section, the board shall utilize a packaging approach that
566 ensures that institutions combine loans, grants, employment, and family and individual
567 contributions toward financing the cost of attendance at a postsecondary institution.
568 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
569 that board shall make rules establishing:
570 (a) an application process;
571 (b) eligibility criteria, including:
572 (i) criteria related to academic achievement and enrollment status; and
573 (ii) a requirement that an applicant demonstrate completion of the Free Application for
574 Federal Student Aid, unless the student or the students parent opts out in accordance with board
575 rule;
576 (c) how a student demonstrates financial need;
577 (d) a process to defer a promise grant;
578 (e) a formula to determine the allocation of money to institutions in accordance with
579 Subsection (1), taking into account:
580 (i) the cost of attendance for programs offered by institutions; and
581 (ii) the number of eligible students who attend each institution; and
582 (f) a methodology for prioritizing award of promise grants based primarily on financial
583 need.
584 (4) After an institution awards a promise grant to an eligible student, the institution
585 shall continue to award a promise grant to the eligible student:
586 (a) until the earlier of:
587 (i) two years after the eligible student first receives a promise grant; or
588 (ii) after the eligible student uses a promise grant to attend an institution for four
589 semesters; and
590 (b) provided the eligible student continues to meet the eligibility criteria.
591 (5) The board or an institution may not represent to a recipient or a potential recipient
592 of a promise grant that promise grants will remain available in perpetuity.
593 (6) (a) The board may require an institution to enter into a participation agreement
594 before the institution may award promise grants.
595 (b) In a participation agreement, the board shall include a requirement that the
596 institution:
597 (i) provide to the board information necessary to administer the promise grants;
598 (ii) comply with this section and board rules related to the promise grants;
599 (iii) submit reports related to the promise grants as required by board rule; and
600 (iv) cooperate in any review or financial audit related to the promise grants that the
601 board determines necessary.
602 (7) (a) The board may use up to 2% of the money appropriated for promise grants for
603 costs related to administering the promise grants.
604 (b) An institution may use up to 3% of the money the institution receives for promise
605 grants for costs related to administering the promise grants.
606 Section 13. Section 53B-13a-106, which is renumbered from Section 53B-8-304 is
607 renumbered and amended to read:
608 [
609 (1) [
610 Utah Program created in Section 63N-1b-302, [
611 board [
612 (2) The board may select an employer as a promise partner if the employer:
613 (a) applies to the board to be a promise partner; and
614 (b) meets other requirements established by the board in the rules described in
615 Subsection (5).
616 (3) An individual employed by a promise partner is eligible to receive a partner award
617 if the individual:
618 (a) applies for a partner award;
619 (b) is admitted to and enrolled in an institution;
620 [
621 [
622 [
623 award; and
624 [
625 full length of time the individual receives the partner award.
626 (4) (a) Subject to legislative appropriations and Subsection (4)(b), the board shall
627 award a partner award to an individual who meets the requirements described in Subsection
628 (3).
629 (b) The board may:
630 (i) award a partner award for up to the portion of tuition and fees for a program at an
631 institution that is not covered by an employer reimbursement described in Subsection (5)(b);
632 and
633 (ii) prioritize awarding partner awards if an appropriation for partner awards is not
634 sufficient to provide a partner award to each individual who is eligible under Subsection (3).
635 (c) The board may continue to award a partner award to a recipient who meets the
636 requirements described in Subsection (3) until the earliest of the following:
637 (i) two years after the individual initially receives a partner award;
638 (ii) the recipient uses a partner award to attend an institution for four semesters;
639 (iii) the recipient completes the requirements for an associate degree; or
640 (iv) if the recipient attends an institution that does not offer associate degrees, the
641 recipient has 60 earned credit hours.
642 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
643 board shall make rules that establish:
644 (a) requirements for an employer to seek and receive approval from the board for the
645 employer's employees to receive partner awards;
646 (b) requirements related to an employer providing reimbursement to an employee who
647 receives a partner award for a portion of the employee's tuition and fees;
648 (c) a process for an individual to apply for a partner award;
649 (d) criteria for the board to prioritize awarding partner awards to individuals; and
650 (e) a requirement that an institution shall, for a recipient of a partner award:
651 (i) evaluate the recipient's knowledge, skills, and competencies acquired through
652 formal or informal education outside the traditional postsecondary academic environment; and
653 (ii) award credit, as applicable, for the recipient's prior learning described in Subsection
654 (5)(e)(i).
655 (6) The board may allow an individual to apply directly to the board for a partner
656 award.
657 Section 14. Section 63G-12-402 is amended to read:
658 63G-12-402. Receipt of state, local, or federal public benefits -- Verification --
659 Exceptions -- Fraudulently obtaining benefits -- Criminal penalties -- Annual report.
660 (1) (a) Except as provided in Subsection (3) or when exempted by federal law, an
661 agency or political subdivision of the state shall verify the lawful presence in the United States
662 of an individual at least 18 years of age who applies for:
663 (i) a state or local public benefit as defined in 8 U.S.C. Sec. 1621; or
664 (ii) a federal public benefit as defined in 8 U.S.C. Sec. 1611, that is administered by an
665 agency or political subdivision of this state.
666 (b) For purpose of a license issued under Title 58, Chapter 55, Utah Construction
667 Trades Licensing Act, to an applicant that is an unincorporated entity, the Department of
668 Commerce shall verify in accordance with this Subsection (1) the lawful presence in the United
669 States of each individual who:
670 (i) owns an interest in the contractor that is an unincorporated entity; and
671 (ii) engages, or will engage, in a construction trade in Utah as an owner of the
672 contractor described in Subsection (1)(b)(i).
673 (2) This section shall be enforced without regard to race, religion, gender, ethnicity, or
674 national origin.
675 (3) Verification of lawful presence under this section is not required for:
676 (a) any purpose for which lawful presence in the United States is not restricted by law,
677 ordinance, or regulation;
678 (b) assistance for health care items and services that:
679 (i) are necessary for the treatment of an emergency medical condition, as defined in 42
680 U.S.C. Sec. 1396b(v)(3), of the individual involved; and
681 (ii) are not related to an organ transplant procedure;
682 (c) short-term, noncash, in-kind emergency disaster relief;
683 (d) public health assistance for immunizations with respect to immunizable diseases
684 and for testing and treatment of symptoms of communicable diseases whether or not the
685 symptoms are caused by the communicable disease;
686 (e) programs, services, or assistance such as soup kitchens, crisis counseling and
687 intervention, and short-term shelter, specified by the United States Attorney General, in the
688 sole and unreviewable discretion of the United States Attorney General after consultation with
689 appropriate federal agencies and departments, that:
690 (i) deliver in-kind services at the community level, including through public or private
691 nonprofit agencies;
692 (ii) do not condition the provision of assistance, the amount of assistance provided, or
693 the cost of assistance provided on the income or resources of the individual recipient; and
694 (iii) are necessary for the protection of life or safety;
695 (f) the exemption for paying the nonresident portion of total tuition as set forth in
696 Section 53B-8-106;
697 (g) an applicant for a license under Section 61-1-4, if the applicant:
698 (i) is registered with the Financial Industry Regulatory Authority; and
699 (ii) files an application with the state Division of Securities through the Central
700 Registration Depository;
701 (h) a state public benefit to be given to an individual under Title 49, Utah State
702 Retirement and Insurance Benefit Act;
703 (i) a home loan that will be insured, guaranteed, or purchased by:
704 (i) the Federal Housing Administration, the Veterans Administration, or any other
705 federal agency; or
706 (ii) an enterprise as defined in 12 U.S.C. Sec. 4502;
707 (j) a subordinate loan or a grant that will be made to an applicant in connection with a
708 home loan that does not require verification under Subsection (3)(i);
709 (k) an applicant for a license issued by the Department of Commerce or individual
710 described in Subsection (1)(b), if the applicant or individual provides the Department of
711 Commerce:
712 (i) certification, under penalty of perjury, that the applicant or individual is:
713 (A) a United States citizen;
714 (B) a qualified alien as defined in 8 U.S.C. Sec. 1641; or
715 (C) lawfully present in the United States; and
716 (ii) (A) the number assigned to a driver license or identification card issued under Title
717 53, Chapter 3, Uniform Driver License Act; or
718 (B) the number assigned to a driver license or identification card issued by a state other
719 than Utah if, as part of issuing the driver license or identification card, the state verifies an
720 individual's lawful presence in the United States; and
721 (l) an applicant for:
722 (i) an Opportunity scholarship described in Title 53B, Chapter 8, Part 2, Regents'
723 Scholarship Program;
724 (ii) a New Century scholarship described in Section 53B-8-105;
725 (iii) a promise [
726 53B-13a-104; or
727 (iv) a scholarship:
728 (A) for an individual who is a graduate of a high school located within Utah; and
729 (B) administered by an institution of higher education as defined in Section 53B-2-101.
730 (4) (a) An agency or political subdivision required to verify the lawful presence in the
731 United States of an applicant under this section shall require the applicant to certify under
732 penalty of perjury that:
733 (i) the applicant is a United States citizen; or
734 (ii) the applicant is:
735 (A) a qualified alien as defined in 8 U.S.C. Sec. 1641; and
736 (B) lawfully present in the United States.
737 (b) The certificate required under this Subsection (4) shall include a statement advising
738 the signer that providing false information subjects the signer to penalties for perjury.
739 (5) An agency or political subdivision shall verify a certification required under
740 Subsection (4)(a)(ii) through the federal SAVE program.
741 (6) (a) An individual who knowingly and willfully makes a false, fictitious, or
742 fraudulent statement or representation in a certification under Subsection (3)(k) or (4) is subject
743 to the criminal penalties applicable in this state for:
744 (i) making a written false statement under Subsection 76-8-504(2); and
745 (ii) fraudulently obtaining:
746 (A) public assistance program benefits under Sections 76-8-1205 and 76-8-1206; or
747 (B) unemployment compensation under Section 76-8-1301.
748 (b) If the certification constitutes a false claim of United States citizenship under 18
749 U.S.C. Sec. 911, the agency or political subdivision shall file a complaint with the United
750 States Attorney General for the applicable district based upon the venue in which the
751 application was made.
752 (c) If an agency or political subdivision receives verification that a person making an
753 application for a benefit, service, or license is not a qualified alien, the agency or political
754 subdivision shall provide the information to the Office of the Attorney General unless
755 prohibited by federal mandate.
756 (7) An agency or political subdivision may adopt variations to the requirements of this
757 section that:
758 (a) clearly improve the efficiency of or reduce delay in the verification process; or
759 (b) provide for adjudication of unique individual circumstances where the verification
760 procedures in this section would impose an unusual hardship on a legal resident of Utah.
761 (8) It is unlawful for an agency or a political subdivision of this state to provide a state,
762 local, or federal benefit, as defined in 8 U.S.C. Sec. 1611 and 1621, in violation of this section.
763 (9) A state agency or department that administers a program of state or local public
764 benefits shall:
765 (a) provide an annual report to the governor, the president of the Senate, and the
766 speaker of the House regarding its compliance with this section; and
767 (b) (i) monitor the federal SAVE program for application verification errors and
768 significant delays;
769 (ii) provide an annual report on the errors and delays to ensure that the application of
770 the federal SAVE program is not erroneously denying a state or local benefit to a legal resident
771 of the state; and
772 (iii) report delays and errors in the federal SAVE program to the United States
773 Department of Homeland Security.
774 Section 15. Section 63I-2-253 is amended to read:
775 63I-2-253. Repeal dates -- Titles 53 through 53G.
776 [
777 [
778
779 [
780
781
782 [
783
784 [
785 technical college board of trustees, is repealed July 1, 2022.
786 (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
787 General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
788 necessary changes to subsection numbering and cross references.
789 [
790 [
791
792 [
793
794
795 [
796
797 [
798
799 [
800 repealed July 1, 2023.
801 [
802 [
803 program, are repealed on July 1, 2023:
804 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
805 established under Sections 53B-8-202 through 53B-8-205";
806 [
807 [
808 [
809 [
810 [
811 [
812 repealed July 1, 2023.
813 [
814 Subcommittee evaluation and recommendations, is repealed January 1, 2024.
815 [
816 [
817 July 1, 2024.
818 [
819 Education's duties if contributions from the minimum basic tax rate are overestimated or
820 underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
821 2023.
822 [
823 is repealed July 1, 2024.
824 [
825 repealed July 1, 2023.
826 [
827 Program, is repealed July 1, 2023.
828 [
829 at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
830 [
831
832 [
833 applicable" is repealed July 1, 2023.
834 [
835 [
836 enrollment in kindergarten, is repealed July 1, 2022.
837 [
838 in Subsection (4)(d)" is repealed July 1, 2022.
839 [
840 [
841 applicable" is repealed July 1, 2023.
842 [
843 applicable" is repealed July 1, 2023.
844 [
845 applicable" is repealed July 1, 2023.
846 [
847 as applicable" is repealed July 1, 2023.
848 [
849 related to the civics engagement pilot program, are repealed on July 1, 2023.
850 [
851 Legislative Research and General Counsel shall, in addition to the office's authority under
852 Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
853 identified in this section are complete sentences and accurately reflect the office's perception of
854 the Legislature's intent.
855 Section 16. Repealer.
856 This bill repeals:
857 Section 53B-8-301, Definitions.
858 Section 53B-8-302, Access Utah Promise Scholarship Program.
859 Section 53B-8-303, Access Utah promise scholarships.
860 Section 53B-10-204, Repayment of an incentive loan.
861 Section 53B-11-104, Eligibility for student financial aid -- Filing of selective service
862 status.
863 Section 53B-13a-101, Title.
864 Section 53B-13a-105, Disbursal of financial aid -- Additional resources.
865 Section 17. Appropriation.
866 The following sums of money are appropriated for the fiscal year beginning July 1,
867 2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
868 fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
869 Act, the Legislature appropriates the following sums of money from the funds or accounts
870 indicated for the use and support of the government of the state of Utah.
871 "ITEM 1"
872 To Utah Board of Higher Education - Administration
873 From Education Fund
$718,000
874 Schedule of Programs:
875 Administration $718,000
876 The Legislature intends that the Utah Board of Higher Education use the appropriation
877 provided under this section to pay for up to six full-time positions, including related costs, for
878 the purpose of implementing the educational pathways plan described in Section 53B-10-106.