Representative Jefferson S. Burton proposes the following substitute bill:


1     
PUBLIC SAFETY OFFICER SCHOLARSHIP PROGRAM

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Don L. Ipson

5     
House Sponsor: Jefferson S. Burton

6     

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
47     

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 [of the peace officer's termination date]
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 [of the peace officer's termination date] after the day on which the peace
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 [a peace officer's employment has been terminated] the day
70     on which a peace officer's employment terminates, the employing agency shall:
71          (i) notify the division within 30 days [of the date of the opening of the] after the day on
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 [or not] the employing agency opens an
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     [may be sustained by] the failure to make the notification[.] causes.
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) [The] This section creates the Public Safety Officer Career Advancement Grant

88     Program [is created].
89          (2) Subject to legislative appropriations and Subsection [(6)] (7), the board shall award
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     [credit-granting higher education institution] degree-granting institution of higher education
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 [use a packaging approach that ensures]
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          [(5)] (6) (a) The board shall make rules in accordance with Title 63G, Chapter 3, Utah
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 [(6).] (7).
114          [(6)] (7) (a) Subject to future budget constraints, the Legislature shall make an annual
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) The board may require a scholarship recipient to repay the full amount of 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          (a) meet the requirements for POST certification as described in Title 53, Chapter 6,
176     Part 2, Peace Officer Training and Certification Act;
177          (b) work as a peace officer for five years after the day on which POST certifies the
178     scholarship recipient; or
179          (c) subject to Subsection (3), earn a degree in a post-secondary program.
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 [an] a
204     degree-granting institution; [and]
205          (b) in course work leading to a qualifying [degree] job or a qualifying [job] degree as
206     described in Section 53B-10-203[.]; and
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 [eared] earned credit and help
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.