Representative Calvin R. Musselman proposes the following substitute bill:




Chief Sponsor: Calvin R. Musselman

Senate Sponsor: Ann Millner


8     General Description:
9          This bill creates a financial assistance program for dependents of disabled veterans who
10     enroll at a state institution of higher education.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     provides the requirements for a dependent of a disabled veteran to receive financial
15     assistance;
16          ▸     grants rulemaking authority to the Department of Veterans and Military Affairs, in
17     coordination with the Utah Board of Higher Education, to make rules governing the
18     financial assistance program; and
19          ▸     establishes reporting requirements and a cap on administrative costs.
20     Money Appropriated in this Bill:
21          This bill appropriates in fiscal year 2024:
22          ▸     to Department of Veterans and Military Affairs -- DVMA Pass Through -- DVMA
23     Pass Through as an ongoing appropriation:
24               •     from the General Fund, $100,000.
25     Other Special Clauses:

26          This bill provides a special effective date.
27          This bill provides a coordination clause.
28     Utah Code Sections Affected:
29     ENACTS:
30          71-15-101, Utah Code Annotated 1953
31          71-15-102, Utah Code Annotated 1953
32     Utah Code Sections Affected by Coordination Clause:
33          71-15-101, Utah Code Annotated 1953
34          71-15-102, Utah Code Annotated 1953

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 71-15-101 is enacted to read:

39          71-15-101. Definitions.
40          As used in this chapter:
41          (1) "Board" means the Utah Board of Higher Education described in Section
42     53B-1-402.
43          (2) (a) "Fee" means a general course fee, in addition to tuition, that is:
44          (i) imposed by an institution of higher education; and
45          (ii) required to be paid by a student to engage in a course of study at the institution of
46     higher education.
47          (b) "Fee" does not include a special course fee.
48          (3) "Qualifying disabled veteran" means a veteran who has a 100% service-connected
49     disability rating by the Veterans Benefits Administration that is permanent and total.
50          Section 2. Section 71-15-102 is enacted to read:
51          71-15-102. Tuition and fee assistance for dependent of disabled veteran.
52          (1) (a) A dependent of a qualifying disabled veteran may be eligible for financial
53     assistance if:
54          (i) the state institution of higher education has accepted the dependent in accordance
55     with the state institution of higher education's admissions guidelines;
56          (ii) the dependent is a resident student determined in accordance with Section

57     53B-8-102;
58          (iii) the dependent has not completed a course of study leading to an undergraduate
59     degree; and
60          (iv) the dependent is in financial need of the assistance.
61          (b) For purposes of Subsection (1)(a)(iii), the dependent may not be excluded from
62     eligibility for financial assistance if the dependent has previously taken courses at or has been
63     awarded credit by a state institution of higher education.
64          (2) To obtain financial assistance, the dependent shall apply to the department.
65          (3) (a) A dependent who receives financial assistance may use the financial assistance
66     only for tuition or fees for courses that apply toward the degree or certificate requirements of
67     the program in which the dependent is enrolled.
68          (b) The department shall pay tuition and fees assistance directly to the institution of
69     higher education from the funds appropriated.
70          (4) The department may recoup funds if a recipient of financial assistance fails to meet
71     the degree or certificate requirements of the program.
72          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
73     department, in coordination with the board, shall make rules:
74          (a) governing the application process, including the information that a dependent shall
75     include in the application;
76          (b) establishing the amount or percentage of tuition or fees that a dependent may
77     receive as financial assistance;
78          (c) establishing means-based criteria for determining if an applicant has a financial
79     need for assistance; and
80          (d) prioritizing applications if there are more applicants than there are funds.
81          (6) (a) On or before October 1, the department shall provide an electronic report to:
82          (i) the Education Interim Committee; and
83          (ii) the Veterans and Military Affairs Commission.
84          (b) The report shall include:
85          (i) usage of the financial assistance; and
86          (ii) outstanding needs of the financial assistance program.
87          (7) The department may use no more than 10% of the funds for administration of the

88     financial assistance program.
89          Section 3. Appropriation.
90          The following sums of money are appropriated for the fiscal year beginning July 1,
91     2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
92     fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
93     Act, the Legislature appropriates the following sums of money from the funds or accounts
94     indicated for the use and support of the government of the state of Utah.
95     ITEM 1
96          To Department of Veterans and Military Affairs -- DMVA Pass Through
97               From General Fund

98               Schedule of Programs:
99                    DMVA Pass Through                    100,000
100          The Legislature intends that:
101          (1) appropriations under this program be used to fund the financial assistance program
102     created in Section 71-15-102; and
103          (2) under Section 63J-1-603, appropriations provided under this section not lapse at the
104     close of fiscal year 2024 and the use of any nonlapsing funds is limited to providing financial
105     assistance to dependents of qualifying disabled veterans.
106          Section 4. Effective date.
107          This bill takes effect on July 1, 2023.
108          Section 5. Coordinating H.B. 109 with H.B. 67 -- Technical renumbering.
109          If this H.B. 109 and H.B. 67, Title 71A - Veterans and Military Affairs, both pass and
110     become law, it is the intent of the Legislature that the Office of Legislative Research and
111     General Counsel, in preparing the Utah Code database for publication on July 1, 2023,
112     technically renumber Sections 71-15-101 and 71-15-102 in this H.B. 109 into a new chapter,
113     titled Tuition and Fees Assistance, within Title 71A.