Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 97 (2025GS)

Sponsor

Rep. Whyte, Stephen L.

Final action

Governor Signed 2/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• exempts a reasonable deposit from the amount a postsecondary school must refund a student under certain circumstances; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

3
13-34-109
Private Postsecondary Education Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephen L. Whyte
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill amends provisions related to a postsecondary school's required disclosures.
Highlighted Provisions:
This bill:
defines terms;
exempts a reasonable deposit from the amount a postsecondary school must refund a 
student under certain circumstances; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-34-109
, as repealed and reenacted by Laws of Utah 2023, Chapter 458
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
13-34-109
 is amended to read:
13-34-109. Required disclosures.
(1)
As used in this section, "cooling off period" means a three-business day period during 
which a student may rescind an enrollment agreement and receive a refund of all money 
paid, except:
(a)
a reasonable application fee; and
(b)
a deposit that does not exceed 10% of the total cost of tuition for the first term.
(1)
(2)
Before a postsecondary school may enroll or accept payment from a student, the 
postsecondary school shall clearly and conspicuously disclose in writing to the student:
(a)
the postsecondary school's name, address, and location;
(b)
the requirements or qualifications a student is required to satisfy to enroll in the 
postsecondary school;
(c)
a complete description of the services for which the student will pay, including:
(i)
facilities, faculty, resources, or equipment that the student may use in connection 
with the services, or to access the services;
(ii)
the duration of services provided; and
(iii)
completion or graduation requirements;
(d)
information regarding how the postsecondary school's services relate to state 
licensing requirements if the services are intended to prepare a student for licensure;
(e)
tuition, fees, and any other charge or expense to be paid by the student;
(f)
a financial assistance policy, if any;
(g)
the complete terms of any financing agreement, including an income sharing or other 
agreement, offered to the student;
(h)
the postsecondary school's cancellation and tuition refund policy 
that
which
 shall 
include, at a minimum:
(i)
a 
three-business-day 
cooling off period
 during which a person may rescind the 
enrollment agreement and receive a refund of all money paid, less a reasonable 
application fee,
 that may not end before midnight on the third business day after 
the latest of:
(A)
the day on which the 
person
student
 signs the enrollment agreement;
(B)
the day on which the 
person
student
 pays the postsecondary school for 
services, other than an application fee;
(C)
the day on which the 
person
student
 first attends the postsecondary school; or
(D)
the day on which the 
person
student
 first gains access to the postsecondary 
school's services; and
(ii)
a written description of the postsecondary school's refund policy following the 
cooling 
off 
period described in Subsection 
(8)(a)
;
(2)(h)(i);
(i)
(i)
whether the postsecondary school is accredited by an accrediting agency; and
(ii)
whether the program in which a student intends to enroll is accredited by an 
accrediting agency, if applicable;
(j)
the existence and amount of the postsecondary school's surety bond, certificate of 
deposit, or irrevocable letter of credit;
(k)
information regarding how to file a complaint against the postsecondary school with 
the division, the postsecondary school's accrediting agency, and the postsecondary 
school's approval or licensing entity; and
(l)
student outcomes specified in rules made by the division under Section 
13-34-103
.
(2)
(3)
A postsecondary school may comply with Subsection 
(1)(k)
(2)(k)
 by placing a 
conspicuous link on the postsecondary school's website that connects to:
(a)
the contact information for each entity described in Subsection 
(1)(k)
(2)(k)
 with 
which a person may file a complaint; or
(b)
a third party's website that states the contact information for each entity described in 
Subsection 
(1)(k)
(2)(k)
 with which a person may file a complaint.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-3-25 3:51 PM