reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 7 - Finance › Part 7 - Performance Funding › Section 702 - Definitions.

Effective 7/1/2021
53B-7-702.
Definitions.
As used in this part:
(1) "Account" means the Performance Funding Restricted Account created in Section 53B-7-703.
(2) "Estimated revenue growth from targeted jobs" means the estimated increase in individual income tax revenue generated by individuals employed in targeted jobs, determined by the Department of Workforce Services in accordance with Section 53B-7-704.
(3) "Full new performance funding amount" means the maximum amount of new performance funding that a degree-granting institution or technical college may qualify for in a fiscal year, determined by the Legislature in accordance with Section 53B-7-705.
(4) "Full-time" means the number of credit hours the board determines is full-time enrollment for a student.
(5)"GO Utah office" means the Governor's Office of Economic Opportunity created in Section 63N-1a-301.
(6) "Job" means an occupation determined by the Department of Workforce Services.
(7) "Membership hour" means 60 minutes of scheduled instruction provided by a technical college to a student enrolled in the technical college.
(8) "New performance funding" means the difference between the total amount of money in the account and the amount of money appropriated from the account for performance funding in the current fiscal year.
(9) "Performance" means total performance across the metrics described in Sections 53B-7-706 and 53B-7-707.
(10) "Research university" means the University of Utah or Utah State University.
(11) "Targeted job" means a job designated by the Department of Workforce Services or the GO Utah office in accordance with Section 53B-7-704.
(12) "Technical college" means:
(a) the same as that term is defined in Section 53B-1-101.5; and
(b) a degree-granting institution acting in the degree-granting institution's technical education role described in Section 53B-2a-201.
(13) "Technical college graduate" means an individual who:
(a) has earned a certificate from an accredited program at a technical college; and
(b) is no longer enrolled in the technical college.
Amended by Chapter 187, 2021 General Session, (Coordination Clause)
Amended by Chapter 282, 2021 General Session
Amended by Chapter 351, 2021 General Session
Amended by Chapter 120, 2020 General Session, (Coordination Clause)
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 7 - Finance › Part 7 - Performance Funding › Section 704 - Designation of targeted jobs -- Determination of estimated revenue growth from targeted jobs -- Reporting.

Effective 7/1/2021
53B-7-704.
Designation of targeted jobs -- Determination of estimated revenue growth from targeted jobs -- Reporting.
(1) As used in this section, "baseline amount" means the average annual wages for targeted jobs over calendar years 2014, 2015, and 2016, as determined by the Department of Workforce Services using the best available information.
(2)
(a) The Department of Workforce Services shall designate, as a targeted job, a job that:
(i) has a base employment level of at least 100 individuals;
(ii) ranks in the top 20% of jobs for outlook based on:
(A) projected number of openings; and
(B) projected rate of growth;
(iii) ranks in the top 20% of jobs for median annual wage; and
(iv) requires postsecondary training.
(b) The Department of Workforce Services shall designate targeted jobs every other year.
(c) The GO Utah office may, after consulting with the Department of Workforce Services and industry representatives, designate a job that has significant industry importance as a targeted job.
(d) Annually, the Department of Workforce Services and the GO Utah office shall report to the Higher Education Appropriations Subcommittee on targeted jobs, including:
(i) the method used to determine which jobs are targeted jobs;
(ii) changes to which jobs are targeted jobs; and
(iii) the reasons for each change described in Subsection (2)(d)(ii).
(3) Based on the targeted jobs described in Subsection (2), the Department of Workforce Services shall annually determine the estimated revenue growth from targeted jobs by:
(a) determining the total estimated wages for targeted jobs for the year:
(i) based on the average wages for targeted jobs, calculated using the most recently available wage data and data from each of the two years before the most recently available data; and
(ii) using the best available information;
(b) determining the change in estimated wages for targeted jobs by subtracting the baseline amount from the total wages for targeted jobs described in Subsection (3)(a); and
(c) multiplying the change in estimated wages for targeted jobs described in Subsection (3)(b) by 3.6%.
(4) Annually, at least 30 days before the first day of the legislative general session, the Department of Workforce Services shall report the estimated revenue growth from targeted jobs to:
(a) the Office of the Legislative Fiscal Analyst; and
(b) the Division of Finance.
Amended by Chapter 282, 2021 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 7 - Finance › Part 7 - Performance Funding › Section 708 - Legislative audit.

Effective 3/3/2023
53B-7-708.
Legislative audit.
(1) Subject to prioritization of the Audit Subcommittee, the Office of the Legislative Auditor General established under Section 36-12-15 shall in any fiscal year:
(a) conduct an audit of money appropriated for performance funding; and
(b) prepare and submit a written report for an audit described in this section in accordance with Section 36-12-15.
(2) An audit described in this section shall include:
(a) an evaluation of the implementation of performance funding; and
(b) the use of performance funding.
Amended by Chapter 21, 2023 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 7 - Finance › Part 7 - Performance Funding › Section 709 - Five-year performance goals.

Affected by 63I-1-253 on 7/1/2027
Effective 5/4/2022
53B-7-709.
Five-year performance goals.
(1) As used in this section:
(a) "Access metric" means the metric described in Subsection 53B-7-706(2)(a)(ii)(A).
(b) "Award" means a degree or certificate that an institution grants.
(c) "Cohort" means a group of students, defined by the year in which the group enrolls in an institution.
(d) "Five-year performance period" means the five-year period beginning on July 1, 2022, and ending on June 30, 2027.
(e) "High-yield award" means the same as that term is defined in board policy under Subsection 53B-7-706(2)(c).
(f) "High-yield awards metric" means the metric described in Subsection 53B-7-706(2)(a)(ii)(C).
(g) "Institution" means an institution of higher education described in Section 53B-1-102.
(h) "Standard completion time" means the time in which a student typically completes an award program.
(i) "System" means the Utah System of Higher Education.
(j) "Timely completion metric" means the metric described in Subsection 53B-7-706(2)(a)(ii)(B).
(2) The goals established by the board in accordance with Subsection 53B-7-706(1)(a)(ii) for the Utah System of Higher Education for the five-year performance period are:
(a) for the access metric, to increase the percent of Utah high school graduates participating in the system by 3.0%;
(b) for the timely completion metric, to increase the system percentage of a cohort that completes an award in up to and including 1.5 times the standard completion time by 3.0%; and
(c) for the high-yield awards metric, to increase the system percentage of high-yield awards by 3.0%.
(3) In order to meet the system goals described in Subsection (2), the goals for each institution for the five-year performance period are:
(a) for the access metric, to increase the institution's share of Utah high school graduates participating in the system by a percentage that the board determines;
(b) for the timely completion metric, to increase the percent of a cohort enrolled at the institution that completes an award in up to and including 1.5 times the standard completion time or sooner by a percentage that the board determines; and
(c) for the high-yield awards metric, to increase the percent of high-yield awards the institution grants by a percentage that the board determines.
Enacted by Chapter 254, 2022 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 7 - Finance › Part 8 - Higher Education Student Success Endowment › Section 801 - Definitions.

Effective 7/1/2023
53B-7-801.
Definitions.
As used in this part, "endowment" means the Higher Education Student Success Endowment created in Section 53B-7-802.
Amended by Chapter 374, 2023 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 7 - Finance › Part 8 - Higher Education Student Success Endowment › Section 803 - Board duties.

Effective 3/22/2022
53B-7-803.
Board duties.
(1) The board shall:
(a) act as trustee of the endowment and exercise the state's fiduciary responsibilities;
(b) meet at least twice a year to conduct business on behalf of the endowment;
(c) review and approve all endowment policies, projections, rules, criteria, procedures, forms, standards, and performance goals;
(d) review and approve the budget and expenditures for the endowment in accordance with Section 53B-7-802;
(e) review financial records for the endowment, including endowment receipts, expenditures, and investments; and
(f) take any other action necessary to perform the board's fiduciary obligations.
(2) The board shall annually submit a budget and expenditures to the Higher Education Appropriations Subcommittee no later than November 1.
Enacted by Chapter 186, 2022 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 7 - Finance › Part 8 - Higher Education Student Success Endowment › Section 804 - State grants to the authority.

Effective 7/1/2023
53B-7-804.
State grants to the authority.
To the extent otherwise allowed, a state entity may grant money or property to the endowment.
Enacted by Chapter 374, 2023 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 7 - Finance › Part 8 - Higher Education Student Success Endowment › Section 805 - Gifts to the endowment.

Effective 7/1/2023
53B-7-805.
Gifts to the endowment.
A person may make a contribution, gift, grant, bequest, or devise, or loans to the endowment.
Enacted by Chapter 374, 2023 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8 - Tuition Waiver and Scholarships › Part 1 - General Provisions › Section 103.5 - Alumni legacy nonresident scholarships.

Effective 5/8/2018
53B-8-103.5.
Alumni legacy nonresident scholarships.
(1) In addition to other nonresident tuition scholarships, the president of an institution may waive an amount up to the full nonresident portion of tuition for alumni legacy nonresident scholarships.
(2) The purposes of alumni legacy nonresident scholarships are to:
(a) assist in maintaining an adequate level of service and related cost-effectiveness of auxiliary operations in institutions of higher education;
(b) promote enrollment of nonresident students with high academic aptitudes; and
(c) recognize the legacy of past graduates and promote a continued connection to their alma mater.
(3) To qualify for an alumni legacy scholarship, a student shall:
(a) enroll at an institution within the state system of higher education for the first time; and
(b) have at least one parent or grandparent who graduated with an associate's degree or higher from the same institution in which the student is enrolling.
Amended by Chapter 141, 2018 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8 - Tuition Waiver and Scholarships › Part 1 - General Provisions › Section 104 - Nonresident partial tuition scholarships.

Effective 7/1/2020
53B-8-104.
Nonresident partial tuition scholarships.
(1) The board may grant a scholarship for partial waiver of the nonresident portion of total tuition charged by public institutions of higher education to nonresident undergraduate students, subject to the limitations provided in this section, if the board determines that the scholarship will:
(a) promote mutually beneficial cooperation between Utah communities and nearby communities in states adjacent to Utah;
(b) contribute to the quality and desirable cultural diversity of educational programs in Utah institutions;
(c) assist in maintaining an adequate level of service and related cost-effectiveness of auxiliary operations in Utah institutions of higher education; and
(d) promote enrollment of nonresident students with high academic aptitudes.
(2) The board shall establish policy guidelines for the administration by institutions of higher education of any partial tuition scholarships authorized under this section, for evaluating applicants for those scholarships, and for reporting the results of the scholarship program authorized by this section.
(3) The policy guidelines promulgated by the board under Subsection (2) shall include the following provisions:
(a) the amount of the approved scholarship may not be more than 1/2 of the differential tuition charged to nonresident students for an equal number of credit hours of instruction;
(b) a nonresident partial tuition scholarship may be awarded initially only to a nonresident undergraduate student who has not previously been enrolled in a college or university in Utah and who has enrolled full time for 10 or more credit hours, whose legal domicile is within approximately 100 highway miles of the Utah system of higher education institution at which the recipient wishes to enroll or such distance that the board may establish for any institution;
(c) the total number of nonresident partial tuition scholarships granted may not exceed a total of 600 such scholarships in effect at any one time; and
(d) the board shall determine eligibility for nonresident partial tuition scholarships on the basis of program availability at an institution and on a competitive basis, using quantifiable measurements such as grade point averages and results of test scores.
(4) The board shall submit an annual report and financial analysis of the effects of offering nonresident partial tuition scholarships authorized under this section to the Higher Education Appropriations Subcommittee as part of the board's budget recommendations for the system of higher education.
Amended by Chapter 365, 2020 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8 - Tuition Waiver and Scholarships › Part 1 - General Provisions › Section 104.5 - Nonresident tuition scholarships.

53B-8-104.5.
Nonresident tuition scholarships.
(1) In addition to the scholarships authorized under Section 53B-8-104, the board may grant scholarships for a waiver of the nonresident portion of total tuition charged by public institutions of higher education to nonresident students, subject to the limitations provided in this section, if the board determines that the scholarships will:
(a) assist in maintaining an adequate level of service and related cost-effectiveness of auxiliary operations in Utah institutions of higher education;
(b) promote enrollment of nonresident students with high academic aptitudes; and
(c) provide for an effective transition to meet the requirements of Section 53B-8-102.
(2) The board shall establish policy guidelines for the administration by institutions of higher education of scholarships authorized under Subsection (1), for evaluating applicants for those scholarships, and for reporting the results of the scholarship program authorized under Subsection (1).
(3) The policy guidelines promulgated by the board under Subsection (2) shall include the following provisions:
(a) a maximum of 675 of the approved scholarships may be up to 100% of the differential tuition charged to nonresident students for an equal number of credit hours of instruction;
(b) 225 of the approved scholarships may not be at a level of more than 50% of the differential tuition charged to nonresident students for an equal number of credit hours of instruction;
(c) a nonresident scholarship may be awarded initially only to a nonresident student who has not previously been enrolled in a college or university in Utah and who has enrolled full time for 10 or more credit hours;
(d) the total number of nonresident scholarships granted under Subsection (1) may not exceed a total of 900 such scholarships in effect at any one time;
(e) the board shall determine eligibility for nonresident scholarships on the basis of program availability at an institution and appropriate academic credentials, using quantifiable measurements such as grade point averages and results of test scores; and
(f) a nonresident student who receives a scholarship of greater than 50% of the differential tuition charged to nonresident students for an equal number of credit hours of instruction may not be counted against the funded target for the institution attended.
(4) The board shall submit an annual report and financial analysis of the effects of offering nonresident tuition scholarships authorized under this section to the Legislature as part of its budget recommendations for the system of higher education.
(5) This section applies to tuition scholarships and not the individual admission standards of higher education.
Amended by Chapter 272, 2006 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8 - Tuition Waiver and Scholarships › Part 1 - General Provisions › Section 106 - Resident tuition -- Requirements -- Rules.

Effective 7/1/2020
53B-8-106.
Resident tuition -- Requirements -- Rules.
(1) If allowed under federal law, a student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, shall be exempt from paying the nonresident portion of total tuition if the student:
(a) attended high school in this state for three or more years;
(b) graduated from a high school in this state or received the equivalent of a high school diploma in this state; and
(c) registers as an entering student at an institution of higher education not earlier than the fall of the 2002-03 academic year.
(2) In addition to the requirements under Subsection (1), a student without lawful immigration status shall file an affidavit with the institution of higher education stating that the student has filed an application to legalize his immigration status, or will file an application as soon as he is eligible to do so.
(3) The board shall make rules for the implementation of this section.
(4) Nothing in this section limits the ability of institutions of higher education to assess nonresident tuition on students who do not meet the requirements under this section.
Amended by Chapter 365, 2020 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8 - Tuition Waiver and Scholarships › Part 1 - General Provisions › Section 107 - Military member surviving dependents -- Tuition waiver.

Effective 7/1/2020
53B-8-107.
Military member surviving dependents -- Tuition waiver.
(1) As used in this section:
(a) "Federal active duty" means serving under orders in accordance with United States Code, Title 10 or Title 32, at any time on or after September 11, 2001.
(b) "Qualifying deceased military member" means a person who:
(i) was killed while serving on state or federal active duty, under orders of competent authority and not as a result of the member's own misconduct; or
(ii) dies of wounds or injuries received while serving on state or federal active duty, under orders of competent authority and not as a result of the member's own misconduct; and
(iii) was a member of the armed forces of the United States and a Utah resident;
(iv) was a member of the reserve component of the armed forces on or after September 11, 2001, and a Utah resident; or
(v) was a member of the Utah National Guard on or after September 11, 2001.
(c) "State active duty" means serving in the Utah National Guard in any duty status authorized by the governor under Title 39A, National Guard and Militia Act.
(2) This section shall be known as the Scott B. Lundell Military Survivors' tuition waiver.
(3) A state institution of higher education shall waive undergraduate tuition for a dependent of a qualifying deceased military member under the following conditions:
(a) the dependent has been accepted by the institution in accordance with the institution's admissions guidelines;
(b) except as provided in Subsection (4), the dependent is a resident student as determined under Section 53B-8-102;
(c) the dependent may not have already completed a course of studies leading to an undergraduate degree;
(d) the dependent may only utilize the waiver for courses that are applicable toward the degree or certificate requirements of the program in which the dependent is enrolled; and
(e) the dependent may not be excluded from the waiver if the dependent has previously taken courses at or has been awarded credit by a state institution of higher education.
(4) Notwithstanding Subsection (3)(b), a dependent of a qualifying deceased military member that was a member of the Utah National Guard is not required to be a resident student as determined under Section 53B-8-102.
(5) The tuition waiver in this section is applicable for undergraduate study only.
(6) The Department of Veterans and Military Affairs, after consultation with the adjutant general if necessary, shall certify to the institution that the dependent is a surviving dependent eligible for the tuition waiver in accordance with this section.
(7) The waiver in this section does not apply to fees, books, or housing expenses.
(8) The board may request reimbursement from the Legislature for costs incurred in providing the tuition waiver under this section.
Amended by Chapter 365, 2020 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8 - Tuition Waiver and Scholarships › Part 1 - General Provisions › Section 112 - Public Safety Officer Career Advancement Grant Program.

Effective 5/3/2023
53B-8-112.
Public Safety Officer Career Advancement Grant Program.
(1) This section creates the Public Safety Officer Career Advancement Grant Program.
(2) Subject to legislative appropriations and Subsection (7), the board shall award a grant to an applicant who:
(a) is a certified peace officer, currently employed by a law enforcement agency within the state; and
(b) is seeking a post-secondary degree in the area of criminal justice from a degree-granting institution of higher education within the state system of higher education, described in Section 53B-1-102.
(3)
(a) Subject to Subsection (3)(b), the board may award a qualified applicant up to the cost of tuition and fees.
(b) A grant award under Subsection (3)(a) is limited to:
(i) a maximum of $5,000 each academic year; and
(ii) a maximum of four academic years.
(4) The board shall design the program to ensure that institutions combine loans, grants, employment, and family and individual contributions toward financing the cost of attendance.
(5) Notwithstanding Subsection (4), the board may not award a scholarship described in Section 53B-8-112.5 to an applicant receiving a grant under this section.
(6)
(a) The board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(i) set deadlines for receiving grant applications and supporting documentation; and
(ii) establish the application process and an appeal process for the Public Safety Officer Career Advancement Grant Program.
(b) The board shall include a disclosure on all applications and related materials that the amount of the awarded grants 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 Income Tax Fund to the board for the costs associated with the Public Safety Officer Career Advancement Grant 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 Public Safety Officer Career Advancement Grant Program, the board may:
(i) reduce the amount of a grant; or
(ii) distribute grants on a pro rata basis to all eligible applicants who submitted a complete application before the application deadline.
(8) Notwithstanding Subsection 53B-8-112.5(5), the board may not award a grant under this section to an applicant receiving a scholarship under the Karen Mayne Public Safety Officer Scholarship Program described in Section 53B-8-112.5.
Amended by Chapter 453, 2023 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8 - Tuition Waiver and Scholarships › Part 1 - General Provisions › Section 114 - Continuation of previously authorized scholarships.

Affected by 63I-2-253 on 7/1/2024
Effective 8/31/2020
53B-8-114.
Continuation of previously authorized scholarships.
(1) As used in this section:
(a) "Institution of higher education" means an institution that awards money through a program described in Subsection (2)(a).
(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 a new application for an award described in Section 53B-6-105.7, which describes engineering and computer technology scholarships; 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 before the applicable date described in Subsection (2)(a).
Amended by Chapter 13, 2020 Special Session 6
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8 - Tuition Waiver and Scholarships › Part 1 - General Provisions › Section 117 - First Responder Mental Health Services Grant Program.

Effective 7/1/2023
53B-8-117.
First Responder Mental Health Services Grant Program.
(1) This section creates the First Responder Mental Health Services Grant Program.
(2) Subject to legislative appropriations and Subsection (6), the board shall award a grant to an applicant who:
(a) is a full-time employee or a retiree, as that term is defined in Section 49-11-102, who is an active member of or has qualified for an allowance under the requirements of:
(i)Title 49, Chapter 14, Public Safety Contributory Retirement Act;
(ii)Title 49, Chapter 15, Public Safety Noncontributory Retirement Act;
(iii)Title 49, Chapter 16, Firefighters' Retirement Act; or
(iv)Title 49, Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement Act; and
(b) is seeking a post-secondary degree or certification to become a mental health therapist, as that term is defined in Section 58-60-102, within the state system of higher education, described in Section 53B-1-102.
(3)
(a) Subject to Subsection (3)(b), the board may award a qualified applicant up to the cost of tuition and fees.
(b) A grant award under Subsection (3)(a) is limited to:
(i) a maximum of $6,000 each academic year; and
(ii) a maximum of four academic years.
(4) The board shall design the program to ensure that institutions combine loans, grants, employment, and family and individual contributions toward financing the cost of attendance.
(5)
(a) The board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(i) set deadlines for receiving grant applications and supporting documentation; and
(ii) establish the application process and an appeal process for the First Responder Mental Health Services Grant Program.
(b) The board shall include a disclosure on all applications and related materials that the amount of the awarded grants may be subject to funding or be reduced, in accordance with Subsection (6).
(6)
(a) Subject to future budget constraints, the Legislature shall make an annual appropriation from the Income Tax Fund to the board for the costs associated with the First Responder Mental Health Services Grant 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 First Responder Mental Health Services Grant Program, the board may:
(i) reduce the amount of a grant; or
(ii) distribute grants on a pro rata basis to all eligible applicants who submitted a complete application before the application deadline.
Enacted by Chapter 74, 2023 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8a - Utah Educational Savings Plan › Part 1 - Utah Educational Savings Plan › Section 101 - Purpose.

53B-8a-101.
Purpose.
(1)
(a) The Legislature finds that the general welfare and well-being of the state are directly related to educational levels and skills of the citizens of the state.
(b) Therefore, a vital and valid public purpose is served by the creation and implementation of programs which encourage and make possible the attainment of higher education by the greatest number of citizens of the state.
(2)
(a) The Legislature finds that the state has limited resources to provide additional programs for higher education funding and that the continued operation and maintenance of the state's public institutions of higher education and the general welfare of the citizens of the state will be enhanced by establishing a plan which allows citizens of the state to invest money in a public trust for future application to the payment of higher education costs.
(b) The Legislature further finds that the plan described in Subsection (2)(a) serves a vital and valid public purpose.
(3)
(a) In order to make available to the citizens of the state an opportunity to fund future higher education needs, it is necessary that a public trust be established in which money may be invested for future educational use.
(b) It may also be necessary to establish and create an endowment fund, which may be funded with public funds, among other sources, the income from which may be made available to account owners to enhance or encourage their savings invested for future higher education costs or for use in scholarship or other college savings incentive programs.
Amended by Chapter 6, 2010 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8a - Utah Educational Savings Plan › Part 1 - Utah Educational Savings Plan › Section 102 - Definitions for chapter.

Effective 3/25/2017
53B-8a-102.
Definitions for chapter.
As used in this chapter:
(1) "Account agreement" means an agreement between an account owner and the Utah Educational Savings Plan entered into under this chapter.
(2) "Account owner" means a person, estate, or trust, if that person, estate, or trust has entered into an account agreement under this chapter to save for the higher education costs on behalf of a beneficiary.
(3) "Beneficiary" means the individual designated in an account agreement to benefit from the amount saved for higher education costs.
(4) "Plan" means the Utah Educational Savings Plan created in Section 53B-8a-103.
Amended by Chapter 389, 2017 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8a - Utah Educational Savings Plan › Part 1 - Utah Educational Savings Plan › Section 102.5 - Definitions for part.

Effective 7/1/2023
53B-8a-102.5.
Definitions for part.
As used in this part:
(1) "Administrative fund" means the money used to administer the Utah Educational Savings Plan.
(2) "Board" means the Utah Education Savings Board of Trustees created in Section 53B-8a-105.
(3) "Endowment fund" means the endowment fund established under Section 53B-8a-107, which is held as a separate fund within the Utah Educational Savings Plan.
(4) "Executive director" means the administrator appointed to administer and manage the Utah Educational Savings Plan.
(5) "Federally insured depository institution" means an institution whose deposits and accounts are to any extent insured by a federal deposit insurance agency, including the Federal Deposit Insurance Corporation and the National Credit Union Administration.
(6) "Grantor trust" means a trust, the income of which is for the benefit of the grantor under Section 677, Internal Revenue Code.
(7) "Higher education costs" means qualified higher education expenses as defined in Section 529(e)(3), Internal Revenue Code.
(8) "Owner of the grantor trust" means one or more individuals who are treated as an owner of a trust under Section 677, Internal Revenue Code, if that trust is a grantor trust.
(9) "Program fund" means the program fund created under Section 53B-8a-107, which is held as a separate fund within the Utah Educational Savings Plan.
(10) "Qualified investment" means an amount invested in accordance with an account agreement established under this part.
(11) "Tuition and fees" means the quarterly or semester charges imposed to attend an institution of higher education and required as a condition of enrollment.
Amended by Chapter 374, 2023 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8a - Utah Educational Savings Plan › Part 1 - Utah Educational Savings Plan › Section 104 - Office facilities, clerical, and administrative support for the Utah Educational Savings Plan.

Effective 7/1/2023
53B-8a-104.
Office facilities, clerical, and administrative support for the Utah Educational Savings Plan.
(1) The Utah Board of Higher Education shall provide to the plan, by agreement, administrative support and office facilities and space.
(2) Reasonable charges or fees may be levied against the plan pursuant to the agreement for the services provided by the Utah Board of Higher Education.
Amended by Chapter 374, 2023 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8a - Utah Educational Savings Plan › Part 1 - Utah Educational Savings Plan › Section 105 - Powers and duties of board.

Effective 7/1/2023
53B-8a-105.
Powers and duties of board.
(1) There is created the Utah Education Savings Board of Trustees.
(2) The Utah Board of Higher Education shall:
(a) appoint the members of the board as follows:
(i) not more than three members from the Utah Board of Higher Education; and
(ii) at least four public members, each of whom possesses skills in one or more of the following:
(A) investments;
(B) accounting;
(C) finance;
(D) banking;
(E) education;
(F) technology; or
(G) financial operations; and
(b) designate a member appointed under Subsection (2)(a) as chair.
(3) Each board member serves at the pleasure of the Utah Board of Higher Education.
(4) The board has all powers necessary to carry out and effectuate the purposes, objectives, and provisions of this chapter pertaining to the plan.
(5) The board shall act as a fiduciary of the plan with:
(a) a duty of care to act solely in the best interest of the plan's account owners and beneficiaries;
(b) a duty of loyalty putting the plan's interest ahead of other interests; and
(c) a duty to invest with care, skill, prudence, and diligence.
(6) The duties, responsibilities, funds, liabilities, and expenses of the board in oversight and governance of the plan shall be maintained separate and apart from the Utah Board of Higher Education's other duties, responsibilities, funds, liabilities, and expenses.
(7) The board shall:
(a) make policies governing the administration of the plan; and
(b) amend policies related to board governance.
(8)
(a) The board may appoint advisory committees to aid the board in fulfilling its duties and responsibilities.
(b) An advisory committee member may receive compensation and be reimbursed for reasonable expenses incurred in the performance of the member's official duties as determined by the board.
(9) The board may appoint a board of directors known as the Board of Directors of the Utah Education Savings Plan to carry out the obligation of separation of functions required under Subsection (6).
(10) If the board creates a board of directors under Subsection (9):
(a) the board of directors shall consist of at least five members; and
(b) no more than two-thirds of the members of the board of directors may simultaneously serve as a member of the board.
Amended by Chapter 374, 2023 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8a - Utah Educational Savings Plan › Part 1 - Utah Educational Savings Plan › Section 108 - Cancellation of agreements.

53B-8a-108.
Cancellation of agreements.
(1) Any account owner may cancel an account agreement at will.
(2) If an account agreement is cancelled by the account owner, the current account balance shall be disbursed to the account owner less:
(a) an administrative refund fee, which may be charged by the plan, except as provided in Subsection (3); and
(b) any penalty or tax required to be withheld by the Internal Revenue Code.
(3) An administration refund fee may not be levied by the plan if the account agreement is cancelled due to:
(a) the death of the beneficiary; or
(b) the permanent disability or mental incapacity of the beneficiary.
Amended by Chapter 6, 2010 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8a - Utah Educational Savings Plan › Part 1 - Utah Educational Savings Plan › Section 109 - Repayment and ownership of funds in the account -- Transfer of ownership rights.

53B-8a-109.
Repayment and ownership of funds in the account -- Transfer of ownership rights.
(1)
(a) The account owner retains ownership of funds in the account until:
(i) funds are used to pay higher education costs for the beneficiary;
(ii) funds are otherwise disbursed;
(iii) funds are transferred for administrative costs; or
(iv) the account is closed.
(b) Funds in the account shall be considered to be held in trust for the benefit of the beneficiary.
(2) Any amounts that may be paid pursuant to the plan that are not listed in this section are owned by the plan.
(3)
(a) An account owner may transfer ownership rights to another eligible person.
(b) The transfer shall be affected and the property distributed in accordance with administrative regulations promulgated by the board or the terms of the account agreement.
Amended by Chapter 6, 2010 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8a - Utah Educational Savings Plan › Part 1 - Utah Educational Savings Plan › Section 110 - Effect of payments on determination of need and eligibility for student aid.

53B-8a-110.
Effect of payments on determination of need and eligibility for student aid.
No student loan program, student grant program, or other program administered by any agency of the state, except as may be otherwise provided by federal law or the provisions of any specific grant applicable to that law, shall take into account and consider amounts available for the payment of higher education costs pursuant to the plan in determining need and eligibility for student aid.
Amended by Chapter 6, 2010 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8a - Utah Educational Savings Plan › Part 1 - Utah Educational Savings Plan › Section 111 - Annual audit of financial statements -- Information to governor and Higher Education Appropriations Subcommittee.

Effective 5/14/2019
53B-8a-111.
Annual audit of financial statements -- Information to governor and Higher Education Appropriations Subcommittee.
(1) The financial statements of the plan shall be audited annually by the state auditor or the state auditor's designee and reported in accordance with generally accepted accounting principles.
(2) The plan shall submit to the governor and the Higher Education Appropriations Subcommittee:
(a) upon request, any studies or evaluations of the plan;
(b) upon request, a summary of the benefits provided by the plan including the number of participants and beneficiaries in the plan; and
(c) upon request, any other information which is relevant in order to make a full, fair, and effective disclosure of the operations of the plan.
Amended by Chapter 324, 2019 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8a - Utah Educational Savings Plan › Part 1 - Utah Educational Savings Plan › Section 112 - Tax considerations.

53B-8a-112.
Tax considerations.
(1) For tax purposes the property of the plan and its income are governed by Section 59-10-201.
(2) The tax commission, in consultation with the board and the plan, may adopt rules necessary to monitor and implement the tax provisions referred to in Subsection (1) as related to the property of the plan and its income.
Amended by Chapter 6, 2010 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8a - Utah Educational Savings Plan › Part 1 - Utah Educational Savings Plan › Section 113 - Property rights to plan assets.

53B-8a-113.
Property rights to plan assets.
(1) The assets of the plan, including the program fund and the endowment fund, shall at all times be preserved, invested, and expended solely and only for the purposes of the plan and shall be held in trust for the account owners and beneficiaries.
(2) No property rights in the plan shall exist in favor of the state.
(3) The assets may not be transferred or used by the state for any purposes other than the purposes of the plan.
Amended by Chapter 6, 2010 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8a - Utah Educational Savings Plan › Part 1 - Utah Educational Savings Plan › Section 114 - Liberal construction.

53B-8a-114.
Liberal construction.
This chapter shall be construed liberally in order to effectuate its legislative intent.
Enacted by Chapter 4, 1996 Special Session 2
Enacted by Chapter 4, 1996 Special Session 2
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8a - Utah Educational Savings Plan › Part 2 - Student Prosperity Savings Program › Section 201 - Definitions.

Effective 5/8/2018
53B-8a-201.
Definitions.
As used in this part:
(1) "529 savings account" means a tax-advantaged method of saving for higher education costs on behalf of a particular individual that:
(a) meets the requirements of Section 529, Internal Revenue Code; and
(b) is managed by the plan.
(2) "Child" means an individual less than 20 years of age.
(3) "Community partner" means a nonprofit organization that provide services to a child who is economically disadvantaged or a family member, legal guardian, or legal custodian of a child who is economically disadvantaged.
(4) "Donation" means a gift, grant, donation, or any other conveyance of money by a person other than the Legislature that is not made directly for the benefit or on behalf of a particular individual.
(5) "Economically disadvantaged" means that a child is:
(a) experiencing intergenerational poverty;
(b) a member or foster child of a family with an annual income at or below 185% of the federal poverty level;
(c) living with a legal custodian or legal guardian with an annual family income at or below 185% of the federal poverty level; or
(d) living with a legal custodian or legal guardian who can attest that the child or the child's household is receiving services benefitting low-income households or individuals.
(6) "Eligible individual" means an individual who:
(a) is under 20 years of age and is a resident of Utah;
(b) is economically disadvantaged; and
(c) receives, or has a family member, a foster family member, or a legal custodian or legal guardian who receives, services from a community partner.
(7) "Federal poverty level" means the poverty level as defined by the most recently revised poverty income guidelines published by the United States Department of Health and Human Services in the Federal Register.
(8) "Higher education costs" means the same as that term is defined in Section 53B-8a-102.5, except that the expenses must be incurred at:
(a) a credit-granting institution of higher education within the state system of higher education;
(b) a private, nonprofit college or university in the state that is accredited by the Northwestern Association of Schools and Colleges; or
(c) a technical college.
(9) "Intergenerational poverty" means the same as that term is defined in Section 35A-9-102.
(10) "Program" means the Student Prosperity Savings Program created in Section 53B-8a-202.
Amended by Chapter 292, 2018 General Session
Amended by Chapter 306, 2018 General Session
Amended by Chapter 315, 2018 General Session, (Coordination Clause)
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8a - Utah Educational Savings Plan › Part 2 - Student Prosperity Savings Program › Section 202 - Student Prosperity Savings Program.

Effective 3/25/2017
53B-8a-202.
Student Prosperity Savings Program.
(1) There is created the Student Prosperity Savings Program.
(2) The program is funded by:
(a) appropriations from the Legislature; and
(b) donations made in accordance with Section 53B-8a-203.
(3)
(a) The plan shall administer the program.
(b) The plan shall use the program to create 529 savings accounts in accordance with this part.
Enacted by Chapter 389, 2017 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8a - Utah Educational Savings Plan › Part 2 - Student Prosperity Savings Program › Section 203 - Donations to the program.

Effective 5/5/2021
53B-8a-203.
Donations to the program.
(1)
(a) A person may make a donation to the program by:
(i) sending the donation to the plan; and
(ii) including with the donation, direction that the donation benefit the program.
(b) A person making a donation shall include the person's name and mailing address with the donation.
(2)
(a) The plan shall mail a receipt to the person that makes the donation.
(b) The receipt described in Subsection (2)(a) shall state:
(i) the name of the person that made the donation;
(ii) the amount of the donation; and
(iii) the date on which the person makes the donation.
(c) The date on which the person makes a donation to the program is the date on which the plan receives the donation, unless the plan receives the donation on a Saturday, a Sunday, or a holiday, in which case the date on which the person makes the donation shall be the first business day after the day on which the plan receives the donation.
Amended by Chapter 370, 2021 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8a - Utah Educational Savings Plan › Part 2 - Student Prosperity Savings Program › Section 205 - Application of other provisions of this chapter.

Effective 3/25/2017
53B-8a-205.
Application of other provisions of this chapter.
The provisions of Part 1, Utah Educational Savings Plan, except Subsection 53B-8a-109(3), govern the 529 savings accounts established under the Student Prosperity Savings Program.
Enacted by Chapter 389, 2017 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8a - Utah Educational Savings Plan › Part 3 - Education Savings Incentive Program › Section 301 - Definitions.

Affected by 63I-1-253 on 7/1/2028
Effective 7/1/2023
53B-8a-301.
Definitions.
As used in this part:
(1) "529 savings account" means the same as that term is defined in Section 35A-9-601.
(2) "Department" means the Department of Workforce Services created in Section 35A-1-103.
(3) "Match" means the same as that term is defined in Section 35A-9-601.
(4) "Qualifying individual" means the same as that term is defined in Section 35A-9-601, except that the term is limited to individuals for whom the department sends information in accordance with Subsection 35A-9-604(3).
Enacted by Chapter 52, 2023 General Session