Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 260 Fourth Substitute (2019GS)

Sponsor

Rep. Owens, D.

Final action

Governor Signed 3/28/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• creates the Access Utah Promise Scholarship Program;
• enacts provisions related to promise scholarships, including provisions related to:
• eligibility; and
• the amount awarded for a promise scholarship;
• enacts provisions related to promise partner awards, including provisions related to:
• eligibility, including requirements for employers who intend to participate as promise partners; and
• administration of the program;
• prohibits the State Board of Regents (board) from accepting applications for certain previously authorized scholarships after July 1, 2019;
• allows an individual who received certain scholarships before July 1, 2019, to receive the scholarships until the end of the scholarship term;
• requires the board to make administrative rules;
• allows the board to use certain existing funds for administrative costs associated with certain scholarships;
• provides repeal dates; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

ACCESS UTAH PROMISE SCHOLARSHIP PROGRAM
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Derrin R. Owens
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill creates the Access Utah Promise Scholarship Program and repeals certain
other scholarship programs.
Highlighted Provisions:
This bill:
▸ creates the Access Utah Promise Scholarship Program;
▸ enacts provisions related to promise scholarships, including provisions related to:
• eligibility; and
• the amount awarded for a promise scholarship;
▸ enacts provisions related to promise partner awards, including provisions related to:
• eligibility, including requirements for employers who intend to participate as
promise partners; and
• administration of the program;
▸ prohibits the State Board of Regents (board) from accepting applications for certain
previously authorized scholarships after July 1, 2019;
▸ allows an individual who received certain scholarships before July 1, 2019, to
receive the scholarships until the end of the scholarship term;
▸ requires the board to make administrative rules;
▸ allows the board to use certain existing funds for administrative costs associated
with certain scholarships;
▸ provides repeal dates; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2020:
▸ to the State Board of Regents - Student Assistance - Access Utah Promise
Scholarship Program, as a one-time appropriation:
• from the Education Fund, One-time, $30,000,000.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53B-6-105
, as last amended by Laws of Utah 2009, Chapters 210 and 370
53B-6-105.5
, as last amended by Laws of Utah 2013, Chapter 49
53B-6-105.7
, as last amended by Laws of Utah 2009, Chapter 210
53B-8-105
, as last amended by Laws of Utah 2017, Chapter 386
53B-8-112
, as enacted by Laws of Utah 2017, Chapter 426
53B-8-201
, as enacted by Laws of Utah 2017, Chapter 386
53B-8a-107
, as last amended by Laws of Utah 2011, Chapter 46
63G-12-402
, as last amended by Laws of Utah 2017, Chapter 386
63I-2-253
, as last amended by Laws of Utah 2018, Chapters 107, 281, 382, 415, and
456
63I-2-263
, as last amended by Laws of Utah 2018, Chapters 38, 95, 382, and 469
ENACTS:
53B-8-114
, Utah Code Annotated 1953
53B-8-301
, Utah Code Annotated 1953
53B-8-302
, Utah Code Annotated 1953
53B-8-303
, Utah Code Annotated 1953
53B-8-304
, Utah Code Annotated 1953
REPEALS:
53B-8-113
, as enacted by Laws of Utah 2017, Chapter 426
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53B-6-105
 is amended to read:
53B-6-105.
Engineering and Computer Technology Initiative.
(1) The Legislature recognizes that a significant increase in the number of engineering,
computer science, and related technology graduates from the state system of higher education is
required over the next several years to advance the intellectual, cultural, social, and economic
well-being of the state and its citizens.
(2) (a) (i) The [
State Board of Regents
] 
board
 shall therefore develop, establish, and
maintain an Engineering and Computer Science Initiative within the state system of higher
education to double the number of graduates in engineering, computer science, and related
technology by 2006 and triple the number of graduates by 2009.
(ii) The board shall make [
a rule
] 
rules
 in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, providing the criteria for those fields of study that qualify as
"related technology" under this section and [
Sections 
53B-6-105.7
 and
] 
Section
53B-6-105.9
.
(b) The initiative shall include components that:
(i) improve the quality of instructional programs in engineering, computer science, and
related technology by providing supplemental money for equipment purchases; and
[
(ii) provide incentives to:
]
[
(A) students through a scholarship program under Section 
53B-6-105.7
; and
]
[
(B)
] 
(ii) provide incentives to
 institutions to hire and retain faculty under Section
53B-6-105.9
.
(3) The increase in program capacity under Subsection (2)(a) shall include funding for
new and renovated capital facilities and funding for new engineering and computer science
programs.
(4) The Legislature shall provide an annual appropriation to the [
State Board of
Regents
] 
board
 to fund the initiative.
Section 2. Section 
53B-6-105.5
 is amended to read:
53B-6-105.5.
Technology Initiative Advisory Board -- Composition -- Duties.
(1) There is created a Technology Initiative Advisory Board to assist and make
recommendations to the State Board of Regents in its administration of the Engineering and
Computer Science Initiative established under Section 
53B-6-105
.
(2) (a) The advisory board shall consist of individuals appointed by the governor from
business and industry who have expertise in the areas of engineering, computer science, and
related technologies.
(b) The advisory board shall select a chair and cochair.
(c) The advisory board shall meet at the call of the chair.
(d) The State Board of Regents, through the commissioner of higher education, shall
provide staff support for the advisory board.
(3) A member of an advisory board may not receive compensation or benefits for the
member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(4) The advisory board shall:
(a) make recommendations to the State Board of Regents on the allocation and
distribution of money appropriated to fund:
(i) the faculty incentive program established in Section 
53B-6-105.9
; 
and
(ii) equipment purchases required to improve the quality of instructional programs in
engineering, computer science, and related technology; [
and
]
[
(iii) the scholarship program established in Section 
53B-6-105.7
.
]
(b) prepare a strategic plan that details actions required by the State Board of Regents
to meet the intent of the Engineering and Technology Science Initiative;
(c) review and assess engineering, computer science, and related technology programs
currently being offered at higher education institutions and their impact on the economic
prosperity of the state;
(d) provide the State Board of Regents with an assessment and reporting plan that:
(i) measures results against expectations under the initiative, including verification of
the matching requirements for institutions of higher education to receive money under Section
53B-6-105.9
; and
(ii) includes an analysis of market demand for technical employment, program
articulation among higher education institutions in engineering, computer science, and related
technology, tracking of student placement, student admission to the initiative program by
region, transfer rates, and retention in and graduation rates from the initiative program; and
(e) make an annual report of its activities to the State Board of Regents.
(5) The annual report of the Technology Initiative Advisory Board shall include the
summary report of the institutional matches described in Section 
53B-6-105.9
.
Section 3. Section 
53B-6-105.7
 is amended to read:
53B-6-105.7.
Initiative student scholarship program.
(1) Notwithstanding the provisions of this section, beginning on July 1, 2019, the board
may not accept or approve new applications for a scholarship described in this section.
[
(1)
] 
(2)
 (a) There is established an engineering, computer science, and related
technology scholarship program as a component of the initiative created in Section 
53B-6-105
.
(b) The program is established to recruit, retain, and train engineering, computer
science, and related technology students to assist in providing for and advancing the intellectual
and economic welfare of the state.
[
(2)
] 
(3)
 (a) The board:
(i) may make rules for the overall administration of the scholarship program in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(ii) shall administer the program in consultation with the Technology Initiative
Advisory Board created in Section 
53B-6-105.5
.
(b) The board shall also use the following policies and procedures in administering the
student scholarship program:
(i) students may use scholarship money at any institution within the state system of
higher education that offers an engineering, computer science, or related technology degree;
(ii) scholarships shall be given to students who declare an intent to complete a
prescribed course of instruction in one of the areas referred to in Subsection [
(2)
] 
(3)
(b)(i) and
to work in the state after graduation in one of those areas; and
(iii) a scholarship may be cancelled at any time by the institution of attendance, if the
student fails to make reasonable progress towards obtaining the degree or there appears to be a
reasonable certainty that the student does not intend to work in the state upon graduation.
[
(3) (a) By June 1 of each year, the Technology Initiative Advisory Board shall
recommend to the board a distribution of the scholarship funds to institutions in the state
system of higher education, based on a formula.
]
[
(b) The Technology Initiative Advisory Board shall develop the formula for
distribution of total scholarship funds to the institutions, which shall contain the following
components:
]
[
(i) the number of graduates of engineering, computer science, and related technology
degrees from the previous year;
]
[
(ii) the number and level of engineering, computer science, and related technology
degrees offered at an institution; and
]
[
(iii) the length of each engineering, computer science, and related technology degree
offered at an institution.
]
(4) The Legislature shall make an annual appropriation to the board to fund the student
scholarship program created in this section.
Section 4. Section 
53B-8-105
 is amended to read:
53B-8-105.
New Century scholarships -- High school requirements.
(1) As used in this section, "complete the requirements for an associate degree" means
that a student:
(a) (i) completes all the required courses for an associate degree from a higher
education institution within the state system of higher education that offers associate degrees;
and
(ii) applies for the associate degree from the institution; or
(b) completes equivalent requirements described in Subsection (1)(a)(i) from a higher
education institution within the state system of higher education that offers baccalaureate
degrees but does not offer associate degrees.
(2) (a) 
Notwithstanding the provisions of this section, beginning on July 1, 2019, the
board may not accept or approve new applications for a scholarship described in this section.
(b)
 The board shall award New Century scholarships.
[
(b)
] 
(c)
 The board shall develop and approve the math and science curriculum
described under Subsection (3)(a)(ii).
(3) (a) In order to qualify for a New Century scholarship, a student in Utah schools
shall complete the requirements for an:
(i) associate degree; or
(ii) approved math and science curriculum.
(b) The requirements under Subsection (3)(a) shall be completed:
(i) (A) for a student whose class graduates from high school in 2010 or before, by
September 1 of the year the student's class graduates from high school; or
(B) for a student whose class graduates from high school in 2011 or after, by the day on
which the student's class graduates from high school; and
(ii) with at least a 3.0 grade point average.
(c) In addition to the requirements in Subsection (3)(a), a student in Utah schools
whose class graduates from high school in 2011 or after shall:
(i) complete the high school graduation requirements of:
(A) a public high school established by the State Board of Education and the student's
school district or charter school; or
(B) a private high school in the state that is accredited by a regional accrediting body
approved by the board; and
(ii) complete high school with at least a 3.5 cumulative high school grade point
average.
(4) Notwithstanding Subsection (3), for a student who does not receive a high school
grade point average, the student shall:
(a) complete the requirements for an associate degree:
(i) (A) for a student who completes high school in 2010 or before, by September 1 of
the year the student completes high school; or
(B) for a student who completes high school in 2011 or after, by June 15 of the year the
student completes high school; and
(ii) with at least a 3.0 grade point average; and
(b) score a composite ACT score of 26 or higher.
(5) To be eligible for the scholarship, a student:
(a) shall submit an application to the board with:
(i) an official college transcript showing college courses the student has completed to
complete the requirements for an associate degree; and
(ii) (A) if applicable, an official high school transcript; or
(B) if applicable, a copy of the student's ACT scores;
(b) shall be a citizen of the United States or a noncitizen who is eligible to receive
federal student aid;
(c) may not have a criminal record, with the exception of a misdemeanor traffic
citation; and
(d) if applicable, shall meet the application deadlines as established by the board under
Subsection (10).
(6) (a) The scholarship may be used at a:
(i) higher education institution within the state system of higher education that offers
baccalaureate programs; or
(ii) private, nonprofit college or university in the state accredited by the Northwest
Association of Schools and Colleges that offers baccalaureate programs.
(b) For a student whose class graduates from high school in 2010 and who completes
the requirements under Subsection (3)(a) by September 1, 2010:
(i) if used at an institution described in Subsection (6)(a)(i), the value of the
scholarship is up to 75% of the tuition costs at the selected institution; or
(ii) if used at an institution described in Subsection (6)(a)(ii), the value of the
scholarship is up to 75% of the tuition costs at the institution, not to exceed 75% of the average
tuition costs at the institutions referred in Subsection (6)(a)(i).
(c) (i) For a student whose class graduates in 2011 or after and who completes the
requirements under this section, the total value of the scholarship is up to $5,000, allocated
over a time period described in Subsection (6)(d), as prescribed by the board.
(ii) The board may increase the scholarship amount described in Subsection (6)(c)(i) by
an amount not to exceed the average percentage tuition increase approved by the board for
institutions in the state system of higher education.
(d) The scholarship is valid for the shortest of the following time periods:
(i) two years of full-time equivalent enrollment;
(ii) 60 credit hours; or
(iii) until the student meets the requirements for a baccalaureate degree.
(e) (i) A scholarship holder shall enroll full-time at a higher education institution by no
later than the fall term immediately following the student's high school graduation date or
receive an approved deferral from the board.
(ii) The board may grant a deferral or leave of absence to a scholarship holder, but the
student may only receive scholarship money within five years of the student's high school
graduation date.
(7) The board may cancel a New Century scholarship at any time if the student fails to:
(a) register for at least 15 credit hours per semester;
(b) maintain a 3.3 grade point average for two consecutive semesters; or
(c) make reasonable progress toward the completion of a baccalaureate degree.
(8) (a) Subject to future budget constraints, the Legislature shall make an annual
appropriation from the General Fund to the board for the costs associated with the New
Century Scholarship Program authorized under this section.
(b) It is understood that the appropriation is offset in part by the state money that would
otherwise be required and appropriated for these students if they were enrolled in a four-year
postsecondary program at a state-operated institution.
(c) Notwithstanding Subsections (2)[
(a)
] 
(b)
 and (6), if the appropriation under
Subsection (8)(a) is insufficient to cover the costs associated with the New Century Scholarship
Program, the board may reduce the scholarship amount.
(9) (a) The board shall adopt policies establishing an application process and an appeal
process for a New Century scholarship.
(b) The board shall disclose on all applications and related materials that the amount of
the scholarship is subject to funding and may be reduced, in accordance with Subsection (8)(c).
(c) The board shall require an applicant for a New Century scholarship to certify under
penalty of perjury that:
(i) the applicant is a United States citizen; or
(ii) the applicant is a noncitizen who is eligible to receive federal student aid.
(d) The certification under this Subsection (9) shall include a statement advising the
signer that providing false information subjects the signer to penalties for perjury.
(10) The board may set deadlines for receiving New Century scholarship applications
and supporting documentation.
(11) A student may not receive both a New Century scholarship and a Regents'
scholarship established in Part 2, Regents' Scholarship Program.
Section 5. Section 
53B-8-112
 is amended to read:
53B-8-112.
Public Safety Officer Career Advancement Reimbursement Program.
(1) The Public Safety Officer Career Advancement Reimbursement Program is created.
(2) 
(a) Notwithstanding the provisions in this section, the board may not reimburse an
individual for an academic year that begins on or after July 1, 2019.
(b)
 Subject to legislative appropriations and Subsection (7) the board shall reimburse
an applicant who:
[
(a)
] 
(i)
 is a certified peace officer, currently employed by a law enforcement agency
within the state;
[
(b)
] 
(ii)
 has been employed as a certified peace officer for three or more consecutive
years;
[
(c)
] 
(iii)
 is seeking a post-secondary degree in the area of criminal justice from a
credit-granting higher education institution within the state system of higher education,
described in Section 
53B-1-102
; and
[
(d)
] 
(iv)
 is employed as a peace officer for one year following completion of the
academic year for which the individual is seeking reimbursement.
(3) Individuals who qualify for reimbursement from the Public Safety Officer Career
Advancement Reimbursement [
program
] 
Program
 may apply for reimbursement by July 1 one
year after each academic year for which they are requesting reimbursement.
(4) Subject to Legislative appropriations, of the funds appropriated for the [
Peace
]
Public Safety
 Officer Career Advancement Reimbursement Program:
(a) 25% of the annual appropriation shall be designated for applicants who are
currently employed by a law enforcement agency with jurisdiction in a county of the third or
fourth class; and
(b) 12% of the annual appropriation shall be designated for applicants who are
currently employed by a law enforcement agency with jurisdiction in a county of the fifth or
sixth class.
(5) (a) A qualified applicant may be reimbursed up to half of the cost of tuition and
fees.
(b) A reimbursement under Subsection (5)(a) is limited to:
(i) a maximum of $5,000 each academic year; and
(ii) a maximum of eight academic years.
(6) (a) The board shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
(i) set deadlines for receiving reimbursement applications and supporting
documentation; and
(ii) establish the application process and an appeal process for a reimbursement from
the [
Peace
] 
Public Safety
 Officer Career Advancement Reimbursement Program, including
procedures to allow for online application submittals.
(b) The board shall include a disclosure on all applications and related materials that
the amount of the awarded reimbursements may be subject to funding or be reduced, in
accordance with Subsection (7).
(7) (a) Subject to future budget constraints, the Legislature shall make an annual
appropriation from the Education Fund to the board for the costs associated with the [
Peace
]
Public Safety
 Officer Career Advancement Reimbursement Program authorized under this
section.
(b) Notwithstanding the provisions of this section, if the appropriation under this
section is insufficient to cover the costs associated with the [
Peace
] 
Public Safety
 Officer
Career Advancement Reimbursement Program, the board may reduce the amount of a
reimbursement.
(c) Any individual who is denied reimbursement because of insufficient funds
appropriated may re-apply for reimbursement up to two years after the first year of eligibility.
Section 6. Section 
53B-8-114
 is enacted to read:
 53B-8-114.
Continuation of previously authorized scholarships.
(1) As used in this section:
(a) "Institution of higher education" means an institution that is part of the Utah System
of Higher Education described in Section 
53B-1-102
.
(b) "Scholarship term" means the length of time during which an individual is eligible
to receive award money through a program described in Subsection (2)(a).
(2) The board or an institution of higher education:
(a) beginning on July 1, 2019, may not accept or approve new applications for an
award described in:
(i) Section 
53B-6-105.7
, which describes engineering and computer technology
scholarships;
(ii) Section 
53B-8-105
, which describes New Century scholarships;
(iii) Section 
53B-8-112
, which describes a reimbursement for public safety officers; or
(iv) Chapter 8, Part 2, Regents' Scholarship Program; and
(b) may pay, through the end of the scholarship term, an award through a program
described in Subsection (2)(a) to an individual whose application for the program was accepted
or approved before July 1, 2019.
Section 7. Section 
53B-8-201
 is amended to read:
53B-8-201.
Regents' Scholarship Program.
(1) As used in this section:
(a) "Eligible institution" means:
(i) a credit-granting institution of higher education within the state system of higher
education described in Section 
53B-1-102
; or
(ii) a private, nonprofit college or university in the state that is accredited by the
Northwest Commission on Colleges and Universities.
(b) "Eligible student" means a student who:
(i) applies to the board in accordance with the rules described in Subsection [
(6)
] 
(7)
;
(ii) is enrolled in an eligible institution; and
(iii) meets the criteria established by the board in rules described in Subsection [
(6)
]
(7)
.
(c) "Program" means the Regents' Scholarship Program described in this section.
(2) Notwithstanding the provisions of this section, beginning on July 1, 2019, the board
may not accept or approve new applications for a Regents' scholarship.
[
(2)
] 
(3)
 (a) A student who graduates from high school after July 1, 2018
, and before
July 1, 2019
:
(i) may receive a Regents' scholarship in accordance with this section; and
(ii) may not [
may
] receive a scholarship in accordance with Sections 
53B-8-202
through 
53B-8-205
.
(b) A student who graduates from high school on or before July 1, 2018:
(i) may receive a scholarship in accordance with Sections 
53B-8-202
 through
53B-8-205
; and
(ii) may not receive a Regents' scholarship in accordance with this section.
[
(3)
] 
(4)
 (a) Subject to legislative appropriations and Subsection [
(3)
] 
(4)
(d), beginning
with an appropriation for fiscal year 2019, the board shall annually distribute money for the
Regents' Scholarship Program described in this section to each eligible institution to award as
Regents' scholarships to eligible students.
(b) The board shall annually determine the amount of a Regents' scholarship based on:
(i) the number of eligible students in the state; and
(ii) money available for the program.
(c) The board shall annually determine the total amount of money to distribute to an
eligible institution based on the eligible institution's share of all eligible students in the state.
(d) An eligible institution that is a private, nonprofit college or university shall, to
receive money distributed by the board described in Subsection [
(3)
] 
(4)
(a), enter into a written
agreement with the board in which the eligible institution agrees to:
(i) provide the board with access to information and data necessary for the purposes of
the program; and
(ii) comply with an audit by the board described in Subsection [
(5)
] 
(6)
 if the board
conducts an audit.
[
(4)
] 
(5)
 (a) Except as provided in Subsection [
(4)
] 
(5)
(b), an eligible institution shall
provide to an eligible student a Regents' scholarship in the amount determined by the board
described in Subsection [
(3)
] 
(4)
(b).
(b) An eligible institution may reduce the amount of a Regents' scholarship provided to
an eligible student based on other state aid awarded to the eligible student for tuition and fees.
[
(5)
] 
(6)
 The board may:
(a) audit an eligible institution's administration of Regents' scholarships; and
(b) require an eligible institution to repay to the board money distributed to the eligible
institution under this section that is not provided to an eligible student as a Regents'
scholarship.
[
(6)
] 
(7)
 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the board shall make rules that establish:
(a) requirements related to an eligible institution's administration of Regents'
scholarships;
(b) a process for a student to apply to the board to determine the student's eligibility for
a Regents' scholarship;
(c) criteria to determine a student's eligibility for a Regents' scholarship, including:
(i) minimum secondary education academic performance standards;
(ii) the completion of secondary core curriculum and graduation requirements;
(iii) the completion of a Free Application for Federal Student Aid;
(iv) need-based measures that address college affordability and access; and
(v) minimum enrollment requirements in an eligible institution; and
(d) a requirement for each eligible institution to annually report to the board on all
Regents' scholarships awarded by the eligible institution.
[
(7) The board shall annually report on the program to the Higher Education
Appropriations Subcommittee.
]
(8) (a) The State Board of Education, a school district, or a public high school shall
cooperate with the board and eligible institutions to facilitate the program, including by
exchanging relevant data where allowed by law.
(b) The State Board of Education shall annually provide to the board a list of directory
information, including name and address, for each grade 8 student in the state.
Section 8. Section 
53B-8-301
 is enacted to read:
Part 3. Access Utah Promise Scholarship Program
 53B-8-301.
Definitions.
As used in this part:
(1) "Access Utah promise scholarship" or "promise scholarship" means a scholarship
described in Section 
53B-8-303
.
(2) "Eligible individual" means an individual who:
(a) applies for a promise scholarship in accordance with Section 
53B-8-303
; and
(b) meets the eligibility requirements described in Section 
53B-8-303
.
(3) "Eligible institution of higher education" or "institution" means an institution
described in Section 
53B-1-102
 that offers a program of study that leads to an associate degree
or certificate.
(4) "Membership hour" means 60 minutes of scheduled instruction provided by an
eligible institution to a student enrolled in a noncredit certificate program.
(5) "Partner award" means a financial award described in Section 
53B-8-304
.
(6) "Promise partner" means an employer that participates in the program described in
Section 
53B-8-304
.
Section 9. Section 
53B-8-302
 is enacted to read:
 53B-8-302.
Access Utah Promise Scholarship Program.
(1) There is created the Access Utah Promise Scholarship Program, which includes:
(a) promise scholarships described Section 
53B-8-303
; and
(b) partner awards described in Section 
53B-8-304
.
(2) The board may not allocate more than 20% of a legislative appropriation for the
Access Utah Promise Scholarship Program for partner awards.
Section 10. Section 
53B-8-303
 is enacted to read:
 53B-8-303.
Access Utah promise scholarships.
(1) An individual may apply for a promise scholarship in accordance with the rules
described in Subsection (8).
(2) An individual is eligible to receive a promise scholarship if the individual:
(a) (i) has a high school diploma or the equivalent; and
(ii) does not have an associate or higher postsecondary degree;
(b) demonstrates financial need, in accordance with the rules described in Subsection
(8);
(c) is a Utah resident;
(d) enrolls in an institution; and
(e) accepts all other grants and scholarships offered to the individual to attend the
institution in which the individual enrolls.
(3) Subject to legislative appropriations, and in accordance with the rules described in
Subsection (8), the board shall annually distribute money for promise scholarships to each
institution.
(4) (a) Except as provided in Subsection (4)(d), an institution shall award a promise
scholarship to an eligible individual.
(b) For a promise scholarship recipient, an institution shall:
(i) evaluate the recipient's knowledge, skills, and competencies acquired through
formal or informal education outside the traditional postsecondary academic environment; and
(ii) award credit, as applicable, for the recipient's prior learning described in Subsection
(4)(b)(i).
(c) An institution shall award a promise scholarship in an amount that is equal to the
difference between:
(i) the total cost of tuition and fees for the program in which the recipient is enrolled;
and
(ii) the total value of all other grants, fee waivers, and scholarships received by the
recipient to attend the institution.
(d) If an institution's distribution described in Subsection (3) is insufficient to award a
promise scholarship to each eligible individual in the amount described in Subsection (4)(c),
the institution:
(i) shall, when possible, use other funding sources to fully fund the amount described
in Subsection (4)(c) for each eligible individual; and
(ii) may prioritize promise scholarships based on financial need in accordance with the
rules described in Subsection (8).
(5) (a) Subject to Subsection (5)(b), an institution shall continue to award a promise
scholarship to a recipient who meets the requirements established by the board in the rules
described in Subsection (8) until the earliest of the following:
(i) two years after the individual initially receives a promise scholarship;
(ii) the recipient uses a promise scholarship to attend an institution for four semesters;
or
(iii) the recipient completes an associate degree.
(b) A recipient may not use a promise scholarship to complete more than 900
membership hours.
(6) A recipient may only use a promise scholarship for tuition and fees.
(7) A promise scholarship is transferable between institutions.
(8) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
and Subsection (8)(b), the board shall make rules to establish:
(i) requirements related to whether an individual is eligible for a promise scholarship,
including:
(A) a process for an eligible individual to defer a promise scholarship;
(B) how an individual demonstrates financial need for purposes of receiving a promise
scholarship; and
(C) how to determine whether an individual is a Utah resident;
(ii) a process and requirements for an individual to apply for a promise scholarship;
(iii) a formula to determine the distributions to each institution described in Subsection
(3) that takes into account:
(A) the cost of tuition and fees for programs offered by institutions; and
(B) the number of eligible individuals who attend each institution;
(iv) how an institution may prioritize awarding scholarships based on the financial
needs of eligible individuals;
(v) conditions a recipient is required to meet to continue to receive a promise
scholarship, including requirements related to academic achievement and enrollment status;
and
(vi) a requirement that in communicating about promise scholarships to recipients and
potential recipients, the board and institutions do not portray the Access Utah Promise
Scholarship Program as a program that is guaranteed to be in effect indefinitely.
(b) In making the rules described in Subsection (8)(a), the board shall consult with the
Utah System of Technical Colleges Board of Trustees.
Section 11. Section 
53B-8-304
 is enacted to read:
 53B-8-304.
Utah promise partners.
(1) In consultation with the Talent Ready Utah Center created in Section 
63N-12-502
,
and in accordance with Subsection (2), the board shall select employers to be promise partners.
(2) The board may select an employer as a promise partner if the employer:
(a) applies to the board to be a promise partner; and
(b) meets other requirements established by the board in the rules described in
Subsection (5).
(3) An individual employed by a promise partner is eligible to receive a partner award
if the individual:
(a) applies for a partner award;
(b) is admitted to and enrolled in an institution;
(c) is a Utah resident;
(d) does not have an associate or higher postsecondary degree;
(e) meets requirements established by the promise partner related to a partner award;
and
(f) maintains the eligibility requirements described in this Subsection (3) for the full
length of time the individual receives the partner award.
(4) (a) Subject to legislative appropriations and Subsection (4)(b), the board shall
award a partner award to an individual who meets the requirements described in Subsection
(3).
(b) The board may:
(i) award a partner award for up to the portion of tuition and fees for a program at an
institution that is not covered by an employer reimbursement described in Subsection (5)(b);
and
(ii) prioritize awarding partner awards if an appropriation for partner awards is not
sufficient to provide a partner award to each individual who is eligible under Subsection (3).
(c) (i) Subject to Subsection (4)(c)(ii), the board may continue to award a partner award
to a recipient who meets the requirements described in Subsection (3) until the earliest of the
following:
(A) two years after the individual initially receives a partner award;
(B) the recipient uses a partner award to attend an institution for four semesters; or
(C) the recipient completes an associate degree.
(ii) A recipient may not use a partner award to complete more than 900 membership
hours.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall make rules that establish:
(a) requirements for an employer to seek and receive approval from the board for the
employer's employees to receive partner awards;
(b) requirements related to an employer providing reimbursement to an employee who
receives a partner award for a portion of the employee's tuition and fees;
(c) a process for an individual to apply for a partner award;
(d) criteria for the board to prioritize awarding partner awards; and
(e) a requirement that an institution shall, for a recipient of a partner award:
(i) evaluate the recipient's knowledge, skills, and competencies acquired through
formal or informal education outside the traditional postsecondary academic environment; and
(ii) award credit, as applicable, for the recipient's prior learning described in Subsection
(5)(d)(i).
Section 12. Section 
53B-8a-107
 is amended to read:
53B-8a-107.
Program, administrative, and endowment funds -- Investment and
payments from funds.
(1) (a) The plan shall segregate money received by the plan into three funds, the
program fund, the administrative fund, and the endowment fund.
(b) The plan, as approved by the board, may hold, deposit, and invest program fund,
administrative fund, and endowment fund money in the following:
(i) the Public Treasurer's Investment Fund;
(ii) mutual funds, securities, or other investments registered with the United States
Securities and Exchange Commission;
(iii) federally insured depository institutions;
(iv) stable value products, including guaranteed investment contracts, guaranteed
interest contracts, and guaranteed insurance contracts; and
(v) any investments that are determined by the board to be appropriate and that would
be authorized under:
(A) the provisions of Section 
51-7-11
; or
(B) rules of the State Money Management Council applicable to gift funds.
(2) Transfers may be made from the program fund to the administrative fund to pay
operating costs:
(a) associated with administering the plan and as required under Sections 
53B-8a-103
through 
53B-8a-105
; and
(b) as included in the budget approved by the board.
(3) (a) All money paid by account owners in connection with account agreements shall
be deposited as received into separate accounts within the program fund which shall be
invested and accounted for separately.
(b) Money accrued by account owners in the program fund may be used for:
(i) payments to any institution of higher education;
(ii) payments to the account owner or beneficiary;
(iii) transfers to another 529 plan; or
(iv) other expenditures or transfers made in accordance with the account agreement.
(4) (a) All money received by the plan from the proceeds of gifts and other
endowments for the purposes of the plan shall be:
(i) deposited, according to the nature of the donation, as received into the endowment
fund or the administrative fund; and
(ii) invested and accounted for separately.
(b) Any gifts, grants, or donations made by any governmental unit or any person, firm,
partnership, or corporation to the plan for deposit to the endowment fund or the administrative
fund is a grant, gift, or donation to the state for the accomplishment of a valid public
eleemosynary, charitable, and educational purpose and is not included in the income of the
donor for Utah tax purposes.
(c) 
(i)
 The endowment fund or the administrative fund may be used to enhance the
savings of low income account owners investing in the plan, for scholarships, or for other
college savings incentive programs as approved by the board.
(ii) The board may use up to 3% of the money in the endowment fund for
administrative costs associated with implementing Chapter 8, Part 3, Access Utah Promise
Scholarship Program.
(d) Transfers may be made between the endowment fund and the administrative fund
upon approval by the board.
(e) Endowment fund earnings not accruing to a beneficiary under an account
agreement, not transferred to the administrative fund, or not otherwise approved by the board
for expenditure, shall be reinvested in the endowment fund.
Section 13. Section 
63G-12-402
 is amended to read:
63G-12-402.
Receipt of state, local, or federal public benefits -- Verification --
Exceptions -- Fraudulently obtaining benefits -- Criminal penalties -- Annual report.
(1) (a) Except as provided in Subsection (3) or when exempted by federal law, an
agency or political subdivision of the state shall verify the lawful presence in the United States
of an individual at least 18 years of age who applies for:
(i) a state or local public benefit as defined in 8 U.S.C. Sec. 1621; or
(ii) a federal public benefit as defined in 8 U.S.C. Sec. 1611, that is administered by an
agency or political subdivision of this state.
(b) For purpose of a license issued under Title 58, Chapter 55, Utah Construction
Trades Licensing Act, to an applicant that is an unincorporated entity, the Department of
Commerce shall verify in accordance with this Subsection (1) the lawful presence in the United
States of each individual who:
(i) owns an interest in the contractor that is an unincorporated entity; and
(ii) engages, or will engage, in a construction trade in Utah as an owner of the
contractor described in Subsection (1)(b)(i).
(2) This section shall be enforced without regard to race, religion, gender, ethnicity, or
national origin.
(3) Verification of lawful presence under this section is not required for:
(a) any purpose for which lawful presence in the United States is not restricted by law,
ordinance, or regulation;
(b) assistance for health care items and services that:
(i) are necessary for the treatment of an emergency medical condition, as defined in 42
U.S.C. Sec. 1396b(v)(3), of the individual involved; and
(ii) are not related to an organ transplant procedure;
(c) short-term, noncash, in-kind emergency disaster relief;
(d) public health assistance for immunizations with respect to immunizable diseases
and for testing and treatment of symptoms of communicable diseases whether or not the
symptoms are caused by the communicable disease;
(e) programs, services, or assistance such as soup kitchens, crisis counseling and
intervention, and short-term shelter, specified by the United States Attorney General, in the
sole and unreviewable discretion of the United States Attorney General after consultation with
appropriate federal agencies and departments, that:
(i) deliver in-kind services at the community level, including through public or private
nonprofit agencies;
(ii) do not condition the provision of assistance, the amount of assistance provided, or
the cost of assistance provided on the income or resources of the individual recipient; and
(iii) are necessary for the protection of life or safety;
(f) the exemption for paying the nonresident portion of total tuition as set forth in
Section 
53B-8-106
;
(g) an applicant for a license under Section 
61-1-4
, if the applicant:
(i) is registered with the Financial Industry Regulatory Authority; and
(ii) files an application with the state Division of Securities through the Central
Registration Depository;
(h) a state public benefit to be given to an individual under Title 49, Utah State
Retirement and Insurance Benefit Act;
(i) a home loan that will be insured, guaranteed, or purchased by:
(i) the Federal Housing Administration, the Veterans Administration, or any other
federal agency; or
(ii) an enterprise as defined in 12 U.S.C. Sec. 4502;
(j) a subordinate loan or a grant that will be made to an applicant in connection with a
home loan that does not require verification under Subsection (3)(i);
(k) an applicant for a license issued by the Department of Commerce or individual
described in Subsection (1)(b), if the applicant or individual provides the Department of
Commerce:
(i) certification, under penalty of perjury, that the applicant or individual is:
(A) a United States citizen;
(B) a qualified alien as defined in 8 U.S.C. Sec. 1641; or
(C) lawfully present in the United States; and
(ii) (A) the number assigned to a driver license or identification card issued under Title
53, Chapter 3, Uniform Driver License Act; or
(B) the number assigned to a driver license or identification card issued by a state other
than Utah if, as part of issuing the driver license or identification card, the state verifies an
individual's lawful presence in the United States; and
(l) an applicant for:
(i) a Regents' scholarship described in Title 53B, Chapter 8, Part 2, Regents'
Scholarship Program;
(ii) a New Century scholarship described in Section 
53B-8-105
; [
or
]
(iii) a promise scholarship described in Section 
53B-8-303
; or
[
(iii)
] 
(iv)
 a privately funded scholarship:
(A) for an individual who is a graduate of a high school located within Utah; and
(B) administered by an institution of higher education as defined in Section 
53B-2-101
.
(4) (a) An agency or political subdivision required to verify the lawful presence in the
United States of an applicant under this section shall require the applicant to certify under
penalty of perjury that:
(i) the applicant is a United States citizen; or
(ii) the applicant is:
(A) a qualified alien as defined in 8 U.S.C. Sec. 1641; and
(B) lawfully present in the United States.
(b) The certificate required under this Subsection (4) shall include a statement advising
the signer that providing false information subjects the signer to penalties for perjury.
(5) An agency or political subdivision shall verify a certification required under
Subsection (4)(a)(ii) through the federal SAVE program.
(6) (a) An individual who knowingly and willfully makes a false, fictitious, or
fraudulent statement or representation in a certification under Subsection (3)(k) or (4) is subject
to the criminal penalties applicable in this state for:
(i) making a written false statement under Subsection 
76-8-504
(2); and
(ii) fraudulently obtaining:
(A) public assistance program benefits under Sections 
76-8-1205
 and 
76-8-1206
; or
(B) unemployment compensation under Section 
76-8-1301
.
(b) If the certification constitutes a false claim of United States citizenship under 18
U.S.C. Sec. 911, the agency or political subdivision shall file a complaint with the United
States Attorney General for the applicable district based upon the venue in which the
application was made.
(c) If an agency or political subdivision receives verification that a person making an
application for a benefit, service, or license is not a qualified alien, the agency or political
subdivision shall provide the information to the Office of the Attorney General unless
prohibited by federal mandate.
(7) An agency or political subdivision may adopt variations to the requirements of this
section that:
(a) clearly improve the efficiency of or reduce delay in the verification process; or
(b) provide for adjudication of unique individual circumstances where the verification
procedures in this section would impose an unusual hardship on a legal resident of Utah.
(8) It is unlawful for an agency or a political subdivision of this state to provide a state,
local, or federal benefit, as defined in 8 U.S.C. Sec. 1611 and 1621, in violation of this section.
(9) A state agency or department that administers a program of state or local public
benefits shall:
(a) provide an annual report to the governor, the president of the Senate, and the
speaker of the House regarding its compliance with this section; and
(b) (i) monitor the federal SAVE program for application verification errors and
significant delays;
(ii) provide an annual report on the errors and delays to ensure that the application of
the federal SAVE program is not erroneously denying a state or local benefit to a legal resident
of the state; and
(iii) report delays and errors in the federal SAVE program to the United States
Department of Homeland Security.
Section 14. Section 
63I-2-253
 is amended to read:
63I-2-253.
 Repeal dates -- Titles 53 through 53G.
[
(1) Section 
53A-24-602
 is repealed July 1, 2018.
]
[
(2)
] 
(1)
 (a) Subsections 
53B-2a-103
(2) and (4) are repealed July 1, 2019.
(b) When repealing Subsections 
53B-2a-103
(2) and (4), the Office of Legislative
Research and General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3),
make necessary changes to subsection numbering and cross references.
[
(3)
] 
(2)
 (a) Subsection 
53B-2a-108
(5) is repealed July 1, 2022.
(b) When repealing Subsection 
53B-2a-108
(5), the Office of Legislative Research and
General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
[
(4)
] 
(3)
 (a) Subsection 
53B-7-705
(6)(b)(ii)(A), the language that states "Except as
provided in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
(b) Subsection 
53B-7-705
(6)(b)(ii)(B) is repealed July 1, 2021.
[
(5)
] 
(4)
 (a) Subsection 
53B-7-707
(4)(a)(ii), the language that states "Except as
provided in Subsection (4)(b)," is repealed July 1, 2021.
(b) Subsection 
53B-7-707
(4)(b) is repealed July 1, 2021.
[
(6) (a) The following sections are repealed on July 1, 2023:
]
[
(i) Section 
53B-8-202
;
]
[
(ii) Section 
53B-8-203
;
]
[
(iii) Section 
53B-8-204
; and
]
[
(iv) Section 
53B-8-205
.
]
[
(b) (i) Subsection 
53B-8-201
(2) is repealed on July 1, 2023.
]
[
(ii) When repealing Subsection 
53B-8-201
(2), the Office of Legislative Research and
General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
]
(5) Section 
53B-6-105.7
 is repealed July 1, 2024.
(6) Section 
53B-8-105
 is repealed July 1, 2024.
(7) Section 
53B-8-112
 is repealed July 1, 2024.
(8) Section 
53B-8-114
 is repealed July 1, 2024.
(9) Title 53B, Chapter 8, Part 2, Regents' Scholarship Program, is repealed July 1,
2024.
[
(7)
] 
(10)
 Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
repealed July 1, 2023.
[
(8)
] 
(11)
 Subsection 
53E-5-306
(3)(b)(ii)(B) is repealed July 1, 2020.
[
(9)
] 
(12)
 Section 
53E-5-307
 is repealed July 1, 2020.
[
(10)
] 
(13)
 Subsections 
53F-2-205
(4) and (5), the language that states "or 
53F-2-301.5
,
as applicable" is repealed July 1, 2023.
[
(11)
] 
(14)
 Subsection 
53F-2-301
(1) is repealed July 1, 2023.
[
(12)
] 
(15)
 Subsection 
53F-2-515
(1), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(13)
] 
(16)
 Section 
53F-4-204
 is repealed July 1, 2019.
[
(14)
] 
(17)
 Section 
53F-6-202
 is repealed July 1, 2020.
[
(15)
] 
(18)
 Subsection 
53F-9-302
(3), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(16)
] 
(19)
 Subsection 
53F-9-305
(3)(a), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(17)
] 
(20)
 Subsection 
53F-9-306
(3)(a), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(18)
] 
(21)
 Subsection 
53G-3-304
(1)(c)(i), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(19)
] 
(22)
 On July 1, 2023, when making changes in this section, the Office of
Legislative Research and General Counsel shall, in addition to the office's authority under
Subsection 
36-12-12
(3), make corrections necessary to ensure that sections and subsections
identified in this section are complete sentences and accurately reflect the office's perception of
the Legislature's intent.
Section 15. Section 
63I-2-263
 is amended to read:
63I-2-263.
Repeal dates, Title 63A to Title 63N.
(1) On July 1, 2020:
(a) Subsection 
63A-3-403
(5)(a)(i) is repealed; and
(b) in Subsection 
63A-3-403
(5)(a)(ii), the language that states "appointed on or after
May 8, 2018," is repealed.
(2) Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
repealed July 1, 2020.
(3) Subsection 
63G-12-402
(3)(l)(i) referring to a Regents' scholarship and Subsection
63G-12-402
(3)(l)(ii) referring to a New Century scholarship are repealed on July 1, 2024.
[
(3)
] 
(4)
 Section 
63H-7a-303
 is repealed on July 1, 2022.
[
(4)
] 
(5)
 On July 1, 2019:
(a) in Subsection 
63J-1-206
(2)(c)(i), the language that states "Subsection (2)(c)(ii) and"
is repealed; and
(b) Subsection 
63J-1-206
(2)(c)(ii) is repealed.
[
(5)
] 
(6)
 Section 
63J-4-708
 is repealed January 1, 2023.
[
(6)
] 
(7)
 Subsection 
63N-3-109
(2)(f)(i)(B) is repealed July 1, 2020.
[
(7)
] 
(8)
 Section 
63N-3-110
 is repealed July 1, 2020.
Section 16. 
Repealer.
This bill repeals:
Section 
53B-8-113
,
Reporting.
Section 17. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2019, and ending June 30, 2020. These are additions to amounts previously appropriated for
fiscal year 2020. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To Board of Regents - Student Assistance
From Education Fund, One-time
$30,000,000
Schedule of Programs:
Access Utah Promise Scholarship Program
$30,000,000
The Legislature intends that:
(1) appropriations under this item be used for the Access Utah Promise Scholarship
Program described in Title 53B, Chapter 8, Part 3, Access Utah Promise Scholarship Program;
and
(2) under Section 64J-1-603, appropriations provided under this item not lapse at the
close of fiscal year 2020 and the use of any nonlapsing funds is limited to the purposes
described in Title 53B, Chapter 8, Part 3, Access Utah Promise Scholarship Program.