This document includes House Committee Amendments incorporated into the bill on Tue, Feb 27, 2024 at 8:51 PM by housengrossing.
1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill creates the One Utah Service Fellowship Program.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ creates the One Utah Service Fellowship Program;
14 ▸ directs the Utah Commission on Service and Volunteerism to provide oversight and
15 policy guidance to the One Utah Service Fellowship Program;
16 ▸ authorizes the Department of Cultural and Community Engagement to enter into an
17 agreement with a third-party administrator;
18 ▸ requires a written report to the Education Interim Committee;
19 ▸ provides a sunset date; and
20 ▸ makes technical changes.
21 Money Appropriated in this Bill:
22 This bill appropriates in fiscal year 2025:
23 ▸ to Department of Cultural and Community Engagement - Commission on Service
24 and Volunteerism - One Utah Service Fellowship Program as a one-time
25 appropriation:
26 • from the General Fund, One-time, $2,000,000
27 ▸ to Department of Cultural and Community Engagement - Commission on Service
28 and Volunteerism - One Utah Service Fellowship Program as an ongoing
29 appropriation:
30 • from the General Fund, $1,300,000
31 Other Special Clauses:
32 None
33 Utah Code Sections Affected:
34 AMENDS:
35 9-1-208, as enacted by Laws of Utah 2014, Chapter 371
36 9-20-205, as renumbered and amended by Laws of Utah 2019, Chapter 221
37 63I-1-209, as last amended by Laws of Utah 2020, Chapters 154, 232 and last amended
38 by Coordination Clause, Laws of Utah 2020, Chapter 154
39 ENACTS:
40 9-20-301, Utah Code Annotated 1953
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 9-1-208 is amended to read:
44 9-1-208. Annual report -- Content -- Format.
45 (1) The department shall prepare and submit to the governor and the Legislature, by
46 October 1 of each year, an annual written report of the operations, activities, programs, and
47 services of the department, including its divisions, offices, boards, commissions, councils, and
48 committees, for the preceding fiscal year.
49 (2) For each operation, activity, program, or service provided by the department, the
50 annual report shall include:
51 (a) a description of the operation, activity, program, or service;
52 (b) data selected and used by the department to measure progress, performance, and
53 scope of the operation, activity, program, or service, including summary data;
54 (c) budget data, including the amount and source of funding, expenses, and allocation
55 of full-time employees for the operation, activity, program, or service;
56 (d) historical data from previous years for comparison with data reported under
57 Subsections (2)(b) and (c);
58 (e) goals, challenges, and achievements related to the operation, activity, program, or
59 service;
60 (f) relevant federal and state statutory references and requirements;
61 (g) contact information of officials knowledgeable and responsible for each operation,
62 activity, program, or service; and
63 (h) other information determined by the department that:
64 (i) may be needed, useful, or of historical significance; or
65 (ii) promotes accountability and transparency for each operation, activity, program, or
66 service with the public and elected officials.
67 (3) The annual report shall be designed to provide clear, accurate, and accessible
68 information to the public, the governor, and the Legislature.
69 (4) The department shall:
70 (a) submit the annual report in accordance with Section 68-3-14; and
71 (b) make the annual report, and previous annual reports, accessible to the public by
72 placing a link to the reports on the department's website.
73 (5) Beginning in 2025, in addition to the annual report required by Subsection (1), the
74 department shall provide a written report to the Education Interim Committee about the
75 progress of the One Utah Service Fellowship Program, including the progress of the Utah
76 Commission on Service and Volunteerism created in Section 9-20-201 on the duties described
77 in Subsection 9-20-301(3), by October 1 of each year.
78 Section 2. Section 9-20-205 is amended to read:
79 9-20-205. Commission duties.
80 (1) The commission shall:
81 (a) administer the selection, development, and oversight of programs funded and
82 established by the act;
83 (b) pursue opportunities for sustainable and high-impact community service;
84 (c) develop and annually update a three-year community service plan for the state,
85 including the establishment of state priorities; [
86 (d) provide policy guidance to the One Utah Service Fellowship Program described in
87 Section 9-20-301; and
88 [
89 the state.
90 (2) (a) The commission may, subject to Title 63J, Chapter 5, Federal Funds Procedures
91 Act, receive and accept federal funds, and may receive and accept private gifts, donations, or
92 funds from any source.
93 (b) Money received under this Subsection (2) shall be deposited with the state and shall
94 be available to the commission to carry out the purposes of this part.
95 Section 3. Section 9-20-301 is enacted to read:
96
97 9-20-301. One Utah Service Fellowship Program.
98 (1) As used in this section:
99 (a) "Education expense" means:
100 (i) tuition or student fees at an institution of higher education that participates in the
101 federal student assistance programs under the Higher Education Act of 1965, Title IV, 20
102 U.S.C. Sec. 1070 et seq.;
103 (ii) repayment of a student loan; or
104 (iii) other costs of attending an institution of higher education described in Subsection
105 (1)(a)(i), as determined by the institution of higher education, for a degree or certificate
106 program, including:
107 (A) books;
108 (B) supplies;
109 (C) transportation; and
110 (D) room and board.
111 (b) "Eligible recipient" means an individual who:
112 (i) is a resident of the state;
113 (ii) successfully completes a fellowship under the program created in this section; and
114 (iii) is a citizen of the United States, a United States national, or a lawful permanent
115 resident of the United States.
116 (c) "Federal requirements for the AmeriCorps program" means:
117 (i) relevant provisions of:
118 (A) the National and Community Service Act of 1990, as amended, 42 U.S.C. 12501 et
119 seq. and corresponding federal regulations;
120 (B) the Domestic Volunteer Service Act of 1973, as amended, 42 U.S.C. 4950 et seq.
121 and corresponding federal regulations;
122 (C) the Federal Grant and Cooperative Agreement Act, as amended, 31 U.S.C. Secs.
123 6301 through 6308, and corresponding federal regulations; and
124 (D) AmeriCorps' C.F.R. Chapters XII and XXV; and
125 (ii) any terms and conditions associated with AmeriCorps federal grant funding.
126 (d) "Institution of higher education" means an entity described in Section 53B-2-101.
127 (e) "Participant" means an individual who:
128 (i) is at least 17 years old;
129 (ii) has received a high school diploma or its equivalent; and
130 (iii) the program matches with a qualified partner organization to participate in a
131 program fellowship.
132 (f) "Program" means the One Utah Service Fellowship Program created in Subsection
133 (2).
134 (g) "Qualified partner organization" means a nonprofit organization or government
135 entity that:
136 (i) agrees to supervise a participant for the total number of hours outlined in an
137 agreement with the commission;
138 (ii) except as provided in Subsection (4)(d), agrees to provide the commission with a
139 matching stipend amount, as described in Subsection (5); and
140 (iii) provides a valuable service to the community, as determined by the commission or
141 commission rule.
142 (h) "Supervise" means the act of overseeing the work of an eligible recipient, including
143 some component of in-person interaction.
144 (i) "Third-party administrator" means an entity that:
145 (i) enters into an agreement with the department, as described in Subsection (7);
146 (ii) is a nonprofit organization or subsidiary or affiliate of an institution of higher
147 education;
148 (iii) has experience managing programs and funds; and
149 (iv) operates under the direction of the commission.
150 (j) "Tuition award" means an amount of money to be used for an education expense, as
151 described in Subsection (6).
152 (2) There is created a One Utah Service Fellowship Program to provide meaningful
153 service opportunities to young adults in the state to:
154 (a) prepare young adults for additional educational, training, and career opportunities;
155 (b) address high-priority needs within the state; and
156 (c) provide a stipend to a participant and a tuition award to an eligible recipient in
157 accordance with this section.
158 (3) (a) Subject to appropriations from the Legislature, the commission shall administer
159 the program as described in this section.
160 (b) Except as otherwise provided in an agreement authorized by Subsection (7)(b), the
161 commission:
162 (i) shall create and maintain a list of high-priority policy needs in the state where
163 program service opportunities can provide the most value to the state;
164 (ii) shall receive an application from a potential participant;
165 (iii) shall match a participant to a qualified partner organization for participation in the
166 program;
167 (iv) shall approve a potential qualified partner organization to participate in the
168 program;
169 (v) shall prioritize the placement of participants with qualified partner organizations
170 that address the high-priority policy needs identified under Subsection (3)(b)(i);
171 (vi) shall create and maintain, or contract with a third-party to create and maintain, an
172 online portal that:
173 (A) provides information about the program, including required qualifications for
174 participation, tuition awards, and stipends;
175 (B) lists all service opportunities with qualified partner organizations that are available
176 through the program; and
177 (C) allows a potential participant to apply for placement with a qualified partner
178 organization;
179 (vii) shall determine the metrics of success of the program, including metrics regarding
180 whether an eligible recipient:
181 (A) matriculates at an institution of higher education after completing a One Utah
182 Service Fellowship; and
183 (B) graduates from, or otherwise completes a program at, an institution of higher
184 education;
185 (viii) shall measure the success of the program according to the metrics determined
186 under this Subsection (3);
187 (ix) shall coordinate with institutions of higher education to:
188 (A) connect an eligible recipient with additional educational, training, certification, and
189 apprenticeship opportunities; and
190 (B) explore options to award an eligible recipient with academic credit for the
191 completion of a One Utah Service Fellowship, in addition to the stipend and tuition award;
192 (x) may solicit private donations to supplement the program, including to offset a
193 matching amount required of a qualified partner organization as described in Subsection (4)(d);
194 (xi) shall market and provide outreach for the program; and
195 (xii) shall ensure the program complies with federal requirements for the AmeriCorps
196 program administered by the commission.
197 (c) The commission may make rules in accordance with Title 63G, Chapter 3, Utah
198 Administrative Rulemaking Act, to implement this section.
199 (4) (a) Before a participant begins providing service through the program, the
200 commission or third-party administrator shall enter into an agreement with the participant that
201 outlines the mutual expectations of the program and the participant.
202 (b) The agreement described in Subsection (4)(a) shall detail the requirements of the
203 participant, including:
204 (i) the total number of hours of service required under the agreement;
205 (ii) the exact stipend amount promised to the participant in consideration of service, as
206 described in Subsection (5);
207 (iii) the exact tuition award amount promised to the participant upon successful
208 completion of a fellowship, as described in Subsection (6);
209 (iv) qualifications for and acceptable uses of the tuition award, as described in
210 Subsection (6); and
211 (v) the circumstances under which the agreement may be amended, including for
212 participant hardship or compelling personal circumstance.
213 (c) Ĥ→ (i) ←Ĥ Ĥ→ [
213a partner organization accepts service from a participant, the
214 commission or third-party administrator shall enter into an agreement with the qualified partner
215 organization that outlines the mutual expectations of the program and qualified partner
216 organization, including the exact amount of matching funds the qualified partner organization
217 shall provide to the commission to contribute to a participant's stipend.
217a Ĥ→ (ii) A qualified partner organization shall agree to contribute no less than $5 per hour to a
217b participant's stipend. ←Ĥ
218 (d) The agreement described in Subsection (4)(c) may include a provision that the
219 program is reducing the qualified partner organization's matching fund requirement due to the
220 receipt of private donations, as described in Subsection (5)(c)(ii)(B).
221 (5) (a) The commission may issue, and a participant may receive, a stipend for
222 participating in the program.
223 (b) The commission or third-party administrator shall establish the exact stipend for a
224 participant on a case-by-case basis in an agreement described in Subsection (4)(a) based on:
225 (i) available program funds; and
226 (ii) any matching funds provided by:
227 (A) the qualified partner organization with which the participant is paired; or
228 (B) private donations to the program.
229 (c) (i) The commission or third-party administrator shall contribute $5 per hour of the
230 stipend described in this Subsection (5), up to $8,500 for the term of the agreement, from state
231 funds.
232 (ii) The commission or third-party administrator shall supplement the remaining
233 balance of a participant's exact stipend from non-state funds, including:
234 (A) matching funds provided to the commission by a qualified partner organization; or
235 (B) private donations to the program.
236 (iii) The commission or third-party administrator shall prioritize a participant's
237 placement with a qualified partner organization based on the amount of matching funds the
238 qualified partner organization proposes to provide to the commission under Subsection
239 (5)(c)(ii)(A), with preference going to qualified partner organizations that offer to provide a
240 larger stipend.
241 (iv) The commission or third-party administrator shall disburse the stipend to a
242 participant in installments, no less frequently than every three months.
243 (6) (a) The commission shall provide a tuition award to an eligible recipient, according
244 to the terms of the agreement described in Subsection (4), upon the successful completion of a
245 fellowship.
246 (b) The commission or third-party administrator shall establish the exact tuition award
247 for an eligible recipient on a case-by-case basis in an agreement described in Subsection (4)(a)
248 based on:
249 (i) federal requirements for the AmeriCorps program, including:
250 (A) a maximum tuition award for 1,700 hours of service during a one-year period; and
251 (B) a reduced tuition award for a reduced number of hours of service during a one-year
252 period.
253 (c) An eligible recipient may use a tuition award:
254 (i) for an eligible education expense;
255 (ii) over a seven-year period beginning the day on which the eligible recipient receives
256 the tuition award; and
257 (iii) subject to the requirements of Subsection (6)(d).
258 (d) If the program uses state funds to supplement a tuition award:
259 (i) the commission or third-party administrator shall detail that information in an
260 agreement described in Subsection (4)(a); and
261 (ii) an eligible recipient may only use the state funded portion of the tuition award after
262 the eligible recipient has exhausted any scholarship, education grant, or financial aid.
263 (7) The department:
264 (a) shall provide staff support to the commission to implement the program; and
265 (b) may enter into an agreement with one or more third-party administrators to
266 administer and implement the program under the direction of the commission, including by
267 fulfilling one or more of the responsibilities described in Subsection (3).
268 Section 4. Section 63I-1-209 is amended to read:
269 63I-1-209. Repeal dates: Title 9.
270 (1) Subsection 9-1-208(5), which creates a reporting requirement on the One Utah
271 Service Fellowship Program, is repealed July 1, 2027.
272 (2) Section 9-6-303, which creates the Arts Collection Committee, is repealed July 1,
273 2027.
274 [
275 repealed July 1, 2027.
276 [
277 Committee, is repealed July 1, 2025.
278 [
279 repealed July 1, [
280 Section 5. FY 2025 Appropriation.
281 The following sums of money are appropriated for the fiscal year beginning July 1,
282 2024, and ending June 30, 2025. These are additions to amounts previously appropriated for
283 fiscal year 2025.
284 Subsection 5(a). Operating and Capital Budgets.
285 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
286 Legislature appropriates the following sums of money from the funds or accounts indicated for
287 the use and support of the government of the state of Utah.
288
ITEM 1
To Department of Cultural and Community Engagement - Commission on289 Service and Volunteerism
| 290 | From General Fund, One-time | $2,000,000 | |||
| 291 | From General Fund | $1,300,000 | |||
| 292 | Schedule of Programs: | ||||
| 293 | One Utah Service Fellowship Program | $3,300,000 | |||
294 Section 6. Effective date.
295 This bill takes effect on May 1, 2024.