Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 197 First Substitute (2023GS)

Sponsor

Rep. Clancy, T.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• allows a president of a state institution of higher education to waive tuition for students who are members of certain tribes;
• defines terms;
• extends the length of eligibility for promise grants;
• allows the Utah Board of Higher Education to name a promise partner grant after a business that has funded the grant;
• extends promise partner grants to dependents of promise partner employees;
• allows Veterans Tuition Gap Program funds to be applied to education-related supplies and housing allowances; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

HIGHER EDUCATION FINANCIAL AID AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tyler Clancy
Senate Sponsor: 
 Nate Blouin
LONG TITLE
General Description:
This bill amends provisions related to higher education scholarships.
Highlighted Provisions:
This bill:
▸ allows a president of a state institution of higher education to waive tuition for
students who are members of certain tribes;
▸ defines terms;
▸ extends the length of eligibility for promise grants;
▸ allows the Utah Board of Higher Education to name a promise partner grant after a
business that has funded the grant;
▸ extends promise partner grants to dependents of promise partner employees;
▸ allows Veterans Tuition Gap Program funds to be applied to education-related
supplies and housing allowances; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53B-8-101
, as last amended by Laws of Utah 2020, Chapter 365
53B-13a-104
, as repealed and reenacted by Laws of Utah 2022, Chapter 370
53B-13a-106
, as renumbered and amended by Laws of Utah 2022, Chapter 370
53B-13b-104
, as last amended by Laws of Utah 2020, Chapters 37, 196
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53B-8-101
 is amended to read:
53B-8-101.
Waiver of tuition.
(1) (a) The president of an institution of higher education described in Section
53B-2-101
 may waive all or part of the tuition on behalf of meritorious or impecunious resident
students to an amount not exceeding 10% of the total amount of tuition which, in the absence
of the waivers, would have been collected from all Utah resident students at the institution of
higher education.
(b) (i) Two and a half percent of the waivers designated in Subsection (1)(a) shall be
set aside for members of the Utah National Guard.
(ii) A waiver described in Subsection (1)(b)(i) shall be preserved by the student at least
60 days before the beginning of an academic term.
(2) (a) A president of an institution of higher education listed in Subsections
53B-2-101
(1)(a) through (h) may waive all or part of the nonresident portion of tuition for a
meritorious nonresident undergraduate student.
(b) In determining which students are meritorious for purposes of granting a tuition
waiver under Subsection (2)(a), a president shall consider students who are performing above
the average at the institution of higher education, including having an admissions index higher
than the average for the institution, if an admissions index is used.
(c) A president of an institution of higher education may continue to waive the
nonresident portion of tuition for a student described in Subsection (2)(a) for as long as the
student is enrolled at the institution of higher education.
(d) In addition to waiving the nonresident portion of tuition for a meritorious
nonresident student under Subsection (2)(a), a president of an institution of higher education
may waive the resident portion of tuition after the meritorious nonresident student completes a
year of full-time study at the institution of higher education.
(3) (a) A president of an institution of higher education described in Section 
53B-2-101
may waive all or part of the resident tuition for a student who is an individual described in
Subsection 
53B-8-102
(10).
(b) The waiver limitation described in Subsection (1)(a) does not apply to a tuition
waiver described in Subsection (3)(a).
[
(3)
] 
(4)
 To encourage students to enroll for instruction in occupations critical to the
state for which trained personnel are in short supply, a president of an institution of higher
education shall grant additional full or partial tuition waivers upon recommendation of the
board.
[
(4)
] 
(5)
 A president of an institution of higher education may waive all or part of the
difference between resident and nonresident tuition for:
(a) meritorious graduate students; or
(b) nonresident summer school students.
[
(5)
] 
(6)
 The board may establish policies that:
(a) require an institution of higher education described in Subsections 
53B-2-101
(1)(a)
through (h) to regularly assess and report whether the institution of higher education's use of
tuition waivers supports the goals established by the board in accordance with Section
53B-1-402
 for the institution of higher education;
(b) subject to the provisions of this section, establish the amount or percentage of
tuition that an institution of higher education may waive;
(c) define the terms "meritorious" and "impecunious," as the terms apply to tuition
waivers for resident students described in Subsection (1)(a); and
(d) establish limitations on an institution of higher education's allocation of waivers
described in Subsection (1)(a) for resident students who are meritorious or resident students
who are impecunious.
[
(6)
] 
(7)
 (a) The board shall submit an annual budget appropriation request for each
institution of higher education described in Section 
53B-2-101
.
(b) A request described in Subsection [
(6)(a)
] 
(7)(a)
 shall include requests for funds
sufficient [
in amount
] to equal the estimated loss of dedicated credits that would be realized if
all of the tuition waivers authorized by Subsection (2) were granted.
Section 2. Section 
53B-13a-104
 is amended to read:
53B-13a-104.
Promise grants.
(1) (a) As part of the Utah Promise Program and in accordance with this section, the
board shall allocate available money to each institution to use to award promise grants to
eligible students to pay the eligible student's cost of attendance.
(b) An eligible student may apply for a promise grant in accordance with procedures
established by board rule.
(c) The amount of a promise grant to an eligible student may not exceed the amount
equal to the difference between:
(i) the eligible student's cost of attendance; and
(ii) the total value of other financial aid that the eligible student receives toward the
eligible student's cost of attendance.
(d) An eligible student may transfer a promise grant to one or more other institutions.
(2) In administering this section, the board shall use a packaging approach that ensures
that institutions combine loans, grants, employment, and family and individual contributions
toward financing the cost of attendance.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
that board shall make rules establishing:
(a) an application process;
(b) eligibility criteria, including:
(i) criteria related to academic achievement and enrollment status; and
(ii) a requirement that an applicant demonstrate completion of the Free Application for
Federal Student Aid, unless the student or the student's parent opts out in accordance with
board rule;
(c) how a student demonstrates financial need;
[
(d) a process to defer a promise grant;
]
[
(e)
] 
(d)
 a formula to determine the allocation of money to institutions in accordance
with Subsection (1), taking into account:
(i) the cost of attendance for programs offered by institutions; and
(ii) the number of eligible students who attend each institution; and
[
(f)
] 
(e)
 a methodology for prioritizing award of promise grants based primarily on
financial need.
[
(4) After an institution awards a promise grant to an eligible student, the institution
shall continue to award a promise grant to the eligible student:
]
[
(a) until the earlier of:
]
[
(i) two years after the eligible student first receives a promise grant; or
]
[
(ii) after the eligible student uses a promise grant to attend an institution for four
semesters; and
]
[
(b) provided the eligible student continues to meet the eligibility criteria.
]
(4) A student is eligible for a promise grant until the student:
(a) earns a first bachelor's degree or technical college certificate; or
(b) completes 120 credit hours.
(5) The board or an institution may not represent to a recipient or a potential recipient
of a promise grant that promise grants will remain available in perpetuity.
(6) (a) The board may require an institution to enter into a participation agreement
before the institution may award promise grants.
(b) In a participation agreement, the board shall include a requirement that the
institution:
(i) provide to the board information necessary to administer the promise grants;
(ii) comply with this section and board rules related to the promise grants;
(iii) submit reports related to the promise grants as required by board rule; and
(iv) cooperate in any review or financial audit related to the promise grants that the
board determines necessary.
(7) (a) The board may use up to 2% of the money appropriated for promise grants for
costs related to administering the promise grants.
(b) An institution may use up to 3% of the money the institution receives for promise
grants for costs related to administering the promise grants.
(8) The board may supplement state appropriations for the program with private
contributions.
Section 3. Section 
53B-13a-106
 is amended to read:
53B-13a-106.
Utah promise partners.
(1) As part of the Utah Promise Program [
and in consultation with the Talent Ready
Utah Program created in Section 
63N-1b-302
], the board may 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)
] 
(6)
.
(3) An individual employed by
, or who is a dependent of an employee of,
 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; 
and
[
(c) meets requirements established by the promise partner related to a partner award;
and
]
[
(d)
] 
(c)
 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
] 
a promise partnership
 described
in Subsection [
(5)(b)
] 
(6)(a)
; 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) 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
] 
earlier of
:
(i) [
two years after
] 
four years after the day on which
 the individual initially receives a
partner award;
(ii) 
when
 the recipient uses a partner award to attend an institution for [
four
] 
eight
semesters; 
or
(iii) when the recipient completes an approved program.
[
(iii) the recipient completes the requirements for an associate degree; or
]
[
(iv) if the recipient attends an institution that does not offer associate degrees, the
recipient has 60 earned credit hours.
]
(5) The board may name a specific promise grant after the donating business.
[
(5)
] 
(6)
 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the board shall make rules that establish:
(a) [
requirements for an employer
] 
a process for a business
 to seek and receive
approval from the board [
for the employer's employees to receive partner awards
] 
to become a
promise partner, including providing funds for tuition and fees to be distributed under the Utah
Promise Program
;
[
(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)
] 
(b)
 a process for an individual to apply for a partner award; 
and
[
(d)
] 
(c)
 criteria for the board to prioritize awarding partner awards to individuals[
;
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)(e)(i).
]
[
(6)
] 
(7)
 The board may allow an individual to apply directly to the board for a partner
award.
Section 4. Section 
53B-13b-104
 is amended to read:
53B-13b-104.
Guidelines for administration of the program.
(1) The board shall use the guidelines in this section to develop policies to implement
and administer the program.
(2) (a) The board shall allocate money appropriated for the program to institutions to
provide grants for qualifying military veterans.
(b) The board may not use program money for administrative costs or overhead.
(c) An institution may not use more than 3% of its program money for administrative
costs or overhead.
(d) Money returned to the board under Subsection (3)(b) shall be used for future
allocations to institutions.
(3) (a) An institution shall award a program grant to a qualifying military veteran on an
annual basis but distribute the money one quarter or semester at a time, with continuing awards
contingent upon the qualifying military veteran maintaining satisfactory academic progress as
defined by the institution in published policies or rules.
(b) At the conclusion of the academic year, money distributed to an institution that was
not awarded to a qualifying military veteran or used for allowed administrative purposes shall
be returned to the board.
(c) (i) To qualify for a program grant under this section, a military veteran shall
demonstrate, in accordance with rules described in Subsection (3)(c)(ii), the completion of a
Free Application for Federal Student Aid.
(ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall make rules regarding the completion of the Free Application for Federal Student
Aid described in Subsection (3)(c)(i), including:
(A) provisions for students or parents to opt out of the requirement due to financial
ineligibility for any potential grant or other financial aid, personal privacy concerns, or other
reasons the board specifies; and
(B) direction for applicants to financial aid advisors.
(4) A qualifying military veteran may receive a program grant [
until the earlier of the
following occurs
] 
when
:
(a) the qualifying military veteran completes the requirements for a bachelor's degree;
or
(b) [
months from the time that
] the qualifying military veteran receives [
an initial
program grant
] 
the maximum award that the board sets
.
(5) A qualifying military veteran who receives a program grant may [
only
] use the
grant toward tuition, fees [
and
]
,
 books
, education-related supplies, and a housing allowance
 at
an institution of higher education in the state.
(6) The board may accept grants, gifts, bequests, and devises of real and personal
property from any source for the purpose of awarding grants to qualifying military veterans in
addition to those funded by the state.
Section 5. 
Effective date.
(1) Except as provided in Subsection (2), if approved by two-thirds of all the members
elected to each house, Section 
53B-8-101
 takes effect upon approval by the governor, or the
day following the constitutional time limit of Utah Constitution, Article VII, Section 8, without
the governor's signature, or in the case of a veto, the day of the veto override.
 (2) The actions affecting the following sections take effect on May 3, 2023:
 (a) Section 
53B-13a-104
;
 (b) Section 
53B-13a-106
; and
 (c) Section 
53B-13b-104
.