This document includes House Floor Amendments incorporated into the bill on Wed, Mar 1, 2023 at 9:59 AM by pflowers.
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7 LONG TITLE
8 General Description:
9 This bill enacts a public safety officer scholarship program for high school students
10 entering into a law enforcement career.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ creates a public safety officer scholarship program for high school graduates who:
15 • enroll in a law enforcement agency cadet program;
16 • seek a degree in a post-secondary program; and
17 • after Peace Officer Standards and Training (POST) certification, commit to a
18 peace officer career of a certain duration;
19 ▸ establishes application and work requirement processes;
20 ▸ allows for the Utah Board of Higher Education (board) to determine qualifying
21 programs;
22 ▸ requires a scholarship recipient to report certification and employment statuses to
23 the board;
24 ▸ requires the POST Division to report employment status changes to the board;
25 ▸ provides for repayment of scholarship funds in the case of a failure to meet program
26 requirements;
27 ▸ allows the board to use up to a certain percentage of appropriated funds for
28 administering the program;
29 ▸ grants the board rulemaking authority;
30 ▸ amends board requirements to create a pathway plan for high school students
31 interested in law enforcement; and
32 ▸ makes technical and conforming changes.
33 Money Appropriated in this Bill:
34 This bill appropriates in fiscal year 2024:
35 ▸ to Utah Board of Higher Education -- Student Assistance, as a one-time
36 appropriation:
37 • from Income Tax Fund, One-time $5,000,000.
38 Other Special Clauses:
39 None
40 Utah Code Sections Affected:
41 AMENDS:
42 53-6-209, as last amended by Laws of Utah 2021, Chapter 311
43 53B-8-112, as last amended by Laws of Utah 2022, Chapters 370, 456
44 53B-10-106, as enacted by Laws of Utah 2022, Chapter 370
45 ENACTS:
46 53B-8-112.5, Utah Code Annotated 1953
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48 Be it enacted by the Legislature of the state of Utah:
49 Section 1. Section 53-6-209 is amended to read:
50 53-6-209. Termination of employment -- Change of status form.
51 (1) When a peace officer's employment terminates, the employing agency shall submit
52 a change of status form noting the termination of the peace officer to the division.
53 (2) The change of status form shall:
54 (a) be completed and submitted within 30 days [
55 after the day on which the peace officer's employment terminates;
56 (b) identify the circumstances of the peace officer's status change by indicating that the
57 peace officer has resigned, retired, terminated, transferred, is deceased, or that the peace
58 officer's name has changed;
59 (c) indicate the effective date of action; and
60 (d) indicate the name of the new employer, if the status change is due to a transfer.
61 (3) If a peace officer's employment terminates during an open internal investigation
62 regarding that peace officer and involving an alleged violation of Subsection 53-6-211(1), the
63 employing agency shall:
64 (a) notify the division of the investigation in accordance with Subsection 53-6-211(6)
65 within 30 days [
66 officer's employment terminates; and
67 (b) provide a reasonable estimated date of completion for the investigation.
68 (4) (a) If an employing agency receives credible allegations and opens an internal
69 investigation within two years after [
70 on which a peace officer's employment terminates, the employing agency shall:
71 (i) notify the division within 30 days [
72 which the employing agency opens the investigation; and
73 (ii) provide a reasonable estimated date of completion for the investigation.
74 (b) If the allegations described in Subsection (4)(a) involve alleged violations of
75 Subsection 53-6-211(1), the agency shall report the allegations to the division in accordance
76 with Subsection 53-6-211(6), regardless of whether [
77 internal investigation.
78 (5) (a) Any person or agency who intentionally falsifies, misrepresents, or fails to give
79 notice of the change of status of a peace officer is liable to the division for any damages that
80 [
81 (b) The division shall provide the change of status form described in this section to the
82 Utah Board of Higher Education within 30 days after the day on which the division receives a
83 notice of termination if the relevant peace officer has received a Karen Mayne Public Safety
84 Officer Scholarship as described in Section 53B-8-112.5.
85 Section 2. Section 53B-8-112 is amended to read:
86 53B-8-112. Public Safety Officer Career Advancement Grant Program.
87 (1) [
88 Program [
89 (2) Subject to legislative appropriations and Subsection [
90 a grant to an applicant who:
91 (a) is a certified peace officer, currently employed by a law enforcement agency within
92 the state; and
93 (b) is seeking a post-secondary degree in the area of criminal justice from a
94 [
95 within the state system of higher education, described in Section 53B-1-102.
96 (3) (a) Subject to Subsection (3)(b), the board may award a qualified applicant up to
97 the cost of tuition and fees.
98 (b) A grant award under Subsection (3)(a) is limited to:
99 (i) a maximum of $5,000 each academic year; and
100 (ii) a maximum of four academic years.
101 (4) The board shall design the program to [
102 ensure that institutions combine loans, grants, employment, and family and individual
103 contributions toward financing the cost of attendance.
104 (5) Notwithstanding Subsection (4), the board may not award a scholarship described
105 in Section 53B-8-112.5 to an applicant receiving a grant under this section.
106 [
107 Administrative Rulemaking Act, to:
108 (i) set deadlines for receiving grant applications and supporting documentation; and
109 (ii) establish the application process and an appeal process for the Public Safety Officer
110 Career Advancement Grant Program.
111 (b) The board shall include a disclosure on all applications and related materials that
112 the amount of the awarded grants may be subject to funding or be reduced, in accordance with
113 Subsection [
114 [
115 appropriation from the Income Tax Fund to the board for the costs associated with the Public
116 Safety Officer Career Advancement Grant Program authorized under this section.
117 (b) Notwithstanding the provisions of this section, if the appropriation under this
118 section is insufficient to cover the costs associated with the Public Safety Officer Career
119 Advancement Grant Program, the board may:
120 (i) reduce the amount of a grant; or
121 (ii) distribute grants on a pro rata basis to all eligible applicants who submitted a
122 complete application before the application deadline.
123 (8) Notwithstanding Subsection 53B-8-112.5(5), the board may not award a grant
124 under this section to an applicant receiving a scholarship under the Karen Mayne Public Safety
125 Officer Scholarship Program described in Section 53B-8-112.5.
126 Section 3. Section 53B-8-112.5 is enacted to read:
127 53B-8-112.5. Karen Mayne Public Safety Officer Scholarship Program.
128 (1) As used in this section:
129 (a) "Peace officer" means the same as that term is defined in Section 53B-8c-102.
130 (b) "POST" means the Peace Officer Standards and Training Division created in
131 Section 53-6-103.
132 (c) "Program" means the Karen Mayne Public Safety Officer Scholarship Program that
133 this section creates.
134 (2) This section creates the Karen Mayne Public Safety Officer Scholarship Program.
135 (3) (a) Subject to legislative appropriations, the board shall award a scholarship to a
136 qualified applicant who:
137 (i) is a high school graduate;
138 (ii) submits an application to the board with a copy of the student's high school
139 diploma;
140 (iii) when eligible, enrolls in a basic training course at a state certified academy as
141 defined in Section 53-6-202;
142 (iv) subject to Subsection (3)(b), is enrolled in a qualifying post-secondary program
143 from:
144 (A) an institution of higher education within the state system of higher education,
145 described in Section 53B-1-102; or
146 (B) a private, nonprofit institution of higher education in the state that is accredited by
147 the Northwest Commission on Colleges and Universities; and
148 (v) commits to working as a peace officer for no less than five years after the day on
149 which POST certifies the scholarship recipient.
150 (b) For purposes of Subsection (3)(a)(iv), the board shall determine the programs that
151 qualify for a scholarship award, including criminal justice, police administration, criminology,
152 social sciences, and other disciplines.
153 (4) (a) The board shall determine the amount of a scholarship award, ensuring that the
154 amount does not exceed the combined cost of tuition, fees, and required textbooks.
155 (b) A scholarship award described in Subsection (4)(a) is limited to:
156 (i) POST training and certification in accordance with Title 53, Chapter 6, Peace
157 Officer Standards and Training Act; and
158 (ii) a maximum of four academic years in a post-secondary program.
159 (5) The board shall design the scholarship program to ensure that participating
160 institutions combine state or federal loans or grants, internships, student employment, and
161 family and individual contributions toward financing the cost of attendance.
162 (6) A scholarship recipient shall:
163 (a) notify the board of the scholarship recipient's POST certification within 15 days
164 after the day on which POST certifies the scholarship recipient;
165 (b) submit verification of the scholarship recipient's employment to the board within 15
166 days after the day on which the scholarship recipient is employed as a peace officer, including:
167 (i) the employer's name, address, and telephone number;
168 (ii) the date of the scholarship recipient's hiring; and
169 (iii) the scholarship recipient's job title; and
170 (c) notify the board within 15 days after the day on which the employer terminates the
171 scholarship recipient.
172 (7) Ĥ→ (a) ←Ĥ The board may require a scholarship recipient to repay the full amount of
172a the
173 scholarship award that the scholarship recipient received under the program, including money
174 paid for tuition, fees, and required textbooks, if the scholarship recipient fails to:
175 Ĥ→ [
175a Chapter 6,
176 Part 2, Peace Officer Training and Certification Act;
177 Ĥ→ [
177a certifies the
178 scholarship recipient; or
179 Ĥ→ [
179a Ĥ→ (b) Notwithstanding Subsection (7)(a), a scholarship recipient is not required to repay☆
179b ☆any amount of the scholarship award if the scholarship recipient:
179c (i) is unable to secure employment as a peace officer within 12 months after the day on which
179d the scholarship recipient is POST certified; and
179e (ii) provides documentation from a prospective employer that the scholarship recipient was not
179f extended an offer of employment. ←Ĥ
180 (8) The board may use up to 2% of the money appropriated for the scholarship program
181 for administrative costs.
182 (9) (a) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
183 Administrative Rulemaking Act, to:
184 (i) set deadlines for receiving scholarship applications and supporting documentation;
185 (ii) establish an application process and appeal process for the program;
186 (iii) establish policies and procedures for cancellation or repayment of scholarship
187 awards if the scholarship recipient fails to meet the requirements under this section;
188 (iv) collaborate with POST and other law enforcement and correction agencies to
189 provide high school students information on law enforcement careers; and
190 (v) notify POST when a student receives a scholarship under the program.
191 (b) The board shall include a disclosure on all applications and materials related to the
192 program that the amount of the awarded scholarship may be subject to funding availability or
193 reduction in accordance with Subsection (10).
194 (10) If an appropriation under this section is insufficient to cover the costs associated
195 with the program, the board may:
196 (a) reduce the amount of a scholarship award; and
197 (b) distribute scholarship awards on a pro rata basis to all eligible applicants who
198 submitted a complete application before the application deadline.
199 Section 4. Section 53B-10-106 is amended to read:
200 53B-10-106. Pathways development.
201 (1) The board shall develop and implement a plan that creates clear educational
202 pathways:
203 (a) from a technical college described in Subsection 53B-1-102(1)(b) to [
204 degree-granting institution; [
205 (b) in course work leading to a qualifying [
206 described in Section 53B-10-203[
207 (c) for high schools that offer criminal justice or protective services pathways
208 programs, including information on:
209 (i) available concurrent enrollment classes in subjects described in Section
210 53B-8-112.5; and
211 (ii) scholarship opportunities for careers as peace officers as defined in Section
212 53B-8c-102.
213 (2) The plan shall maximize efficiencies in transferring [
214 align academic programs with workforce needs.
215 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
216 board may make rules necessary to establish a plan described in this section.
217 Section 5. Appropriation.
218 The following sums of money are appropriated for the fiscal year beginning July 1,
219 2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
220 fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
221 Act, the Legislature appropriates the following sums of money from the funds or accounts
222 indicated for the use and support of the government of the state of Utah.
223 ITEM 1
224 To Utah Board of Higher Education - Student Assistance
225 From Income Tax Fund, One-time
5,000,000
226 Schedule of Programs:
227 Karen Mayne Public Safety Officer Scholarship Program 5,000,000
228 Under Section 63J-1-603, the Legislature intends that appropriations provided in this
229 section not lapse at the end of fiscal year 2024. The use of any nonlapsing funds is limited to
230 the Karen Mayne Public Safety Officer Scholarship Program.