reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8a - Utah Educational Savings Plan › Part 3 - Education Savings Incentive Program › Section 302 - Report of information to Department of Workforce Services.

Affected by 63I-1-253 on 7/1/2028
Effective 7/1/2023
53B-8a-302.
Report of information to Department of Workforce Services.
Within 30 days of receiving the report described in Subsection 35A-9-604(3), the plan shall provide an electronic report to the department that lists:
(1) the total amount of deposits:
(a) during the calendar year for which the department makes the request; and
(b) for each 529 savings account of which a qualifying individual is an account owner; and
(2) the account number and the name of the beneficiary for each 529 savings account:
(a) into which a deposit was made; and
(b) for which a qualifying individual is an account owner.
Enacted by Chapter 52, 2023 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 303 - Deposit of match.

Affected by 63I-1-253 on 7/1/2028
Effective 7/1/2023
53B-8a-303.
Deposit of match.
(1) The plan shall deposit a match from the Education Savings Incentive Restricted Account, created in Section 35A-9-602, into a 529 savings account in accordance with the provisions of Section 35A-9-605.
(2) If, upon receiving a transfer described in Subsection (1), the plan determines that the 529 savings account into which the plan is to deposit the match has been closed, the plan shall return the match to the department.
(3) The plan shall send the department an electronic receipt of the match deposits.
Enacted by Chapter 52, 2023 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8c - Police Officer's and Firefighter's Survivor Tuition Act › Section 102 - Definitions.

Effective 5/12/2015
53B-8c-102.
Definitions.
As used in this chapter:
(1) "Child" means an individual who:
(a) is a natural or adopted child of a deceased peace officer or deceased firefighter; and
(b) was under the age of 25 at the time of the peace officer's or firefighter's death.
(2) "Department" means the Department of Public Safety.
(3)
(a) "Fees" means general course fees, in addition to tuition, that are:
(i) imposed by a state institution of higher education; and
(ii) required to be paid by a student to engage in a course of study at the state institution of higher education.
(b) "Fees" does not include a special course fee.
(4) "Killed" means that the peace officer's or firefighter's death is the direct and proximate result of a traumatic injury incurred in the line of duty.
(5) "Line of duty" means an action that a peace officer or firefighter is obligated or authorized to perform by rule, regulation, condition of employment or service, or law, including a social, ceremonial, or athletic function that the peace officer or firefighter is assigned to or compensated for by the public agency being served.
(6) "Occupational disease" means a disease that routinely constitutes a special hazard in, or is commonly regarded as concomitant of, the peace officer's or firefighter's occupation.
(7) "State institution of higher education" means those institutions designated in Section 53B-1-102.
(8) "Traumatic injury" means a wound or the condition of the body caused by external force, including an injury inflicted by bullet, explosive, sharp instrument, blunt object, or other physical blow, fire, smoke, chemical, electricity, climatic condition, infectious disease, radiation, or bacteria, but excluding an occupational disease.
(9) "Tuition" means tuition and fees at the rate charged for residents of the state.
(10)
(a) "Utah firefighter" or "firefighter" means a member, including volunteer members and members paid on call, of a fire department or other organization that provides fire suppression and other fire-related services, of a political subdivision who is responsible for or is in a capacity that includes responsibility for the extinguishment of fires.
(b) "Utah firefighter" or "firefighter" does not include a person whose job description, duties, or responsibilities do not include direct involvement in fire suppression.
(11) "Utah peace officer" or "peace officer" means an employee of a law enforcement agency that is part of or administered by the state or any of its political subdivisions, and whose duties consist primarily of the prevention and detection of crime and the enforcement of criminal statutes or ordinances of this state or any of its political subdivisions.
Amended by Chapter 225, 2015 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8c - Police Officer's and Firefighter's Survivor Tuition Act › Section 103 - Tuition waivers for surviving spouses and children of police officers and firefighters killed in the line of duty -- Qualifications -- Limitations.

Effective 5/12/2015
53B-8c-103.
Tuition waivers for surviving spouses and children of police officers and firefighters killed in the line of duty -- Qualifications -- Limitations.
(1) Beginning in the 1997-98 academic year, and subject to the limitations in Subsections (2), (3), and (4) of this section, a state institution of higher education shall waive tuition for each child and surviving spouse of a Utah peace officer or Utah firefighter who has been killed or is killed in the line of duty if the individual meets the following requirements:
(a) applies, qualifies, and is admitted as a full-time, part-time, or summer school student in a program of study leading to a degree or certificate;
(b) is a resident student of the state as determined under Section 53B-8-102;
(c) applies to the department for a waiver of tuition under this chapter and provides evidence satisfactory to the department that:
(i) the applicant is the surviving spouse or child of a peace officer or firefighter who was killed in the line of duty;
(ii) the course or courses for which the applicant is seeking a tuition waiver meet the requirements of Subsection (2); and
(iii) the applicant meets the other requirements of this section;
(d) for a child of a peace officer or firefighter killed in the line of duty, applies under Subsection (1)(c) for the first time before the age of 25;
(e) maintains satisfactory academic progress, as defined by the institution of higher education, for each term or semester in which the individual is enrolled, which may be measured by the definition used for federal student assistance programs under Title IV of the Higher Education Act of 1965; and
(f) has not achieved a bachelor's degree and has received tuition reimbursement under this chapter for less than 124 semester credits or 180 quarter credits at an institution of higher education.
(2) A child or surviving spouse of a peace officer or firefighter who was killed in the line of duty is eligible for a tuition waiver under this section of not more than nine semesters or the equivalent number of quarters.
(3) Tuition shall be waived only to the extent that the tuition is not covered or paid by any scholarship, trust fund, statutory benefit, or any other source of tuition coverage available for a waiver under this chapter.
(4) An institution of higher education shall waive tuition under this chapter only for courses that are applicable toward the degree or certificate requirements of the program in which the child or surviving spouse is enrolled.
Amended by Chapter 225, 2015 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8c - Police Officer's and Firefighter's Survivor Tuition Act › Section 104 - Notice of tuition waiver approval -- Annual appropriation.

Effective 5/14/2019
53B-8c-104.
Notice of tuition waiver approval -- Annual appropriation.
(1) Upon receiving an application under Subsection 53B-8c-103(1)(c), the department shall determine whether the applicant and the courses for which tuition waiver is sought meet the requirements of Section 53B-8c-103 and, if so, shall approve the application and notify the higher education institution that the application has been approved.
(2) The department shall provide the necessary forms and applications and cooperate with the state's institutions of higher education in developing efficient procedures for the implementation of this chapter.
(3) The Legislature may annually appropriate the funds necessary to implement this chapter, including money to offset the tuition waivers at each institution.
Amended by Chapter 324, 2019 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8d - Tuition Waivers for Wards of the State Act › Section 102 - Definitions.

Effective 9/1/2022
53B-8d-102.
Definitions.
As used in this chapter:
(1) "Division" means the Division of Child and Family Services.
(2) "Long-term foster care" means an individual who remains in the custody of the division, whether or not the individual resides:
(a) with licensed foster parents; or
(b) in independent living arrangements under the supervision of the division.
(3) "State institution of higher education" means an institution described in Section 53B-1-102.
(4) "Tuition" means tuition at the rate for residents of the state.
(5) "Ward of the state" means an individual:
(a) who is:
(i) at least 17 years old; and
(ii) not older than 26 years old;
(b) who had a permanency goal in the individual's child and family plan, as described in Sections 80-3-307 and 80-3-409, of long-term foster care while in the custody of the division; and
(c) for whom the custody of the division was not terminated as a result of adoption.
Amended by Chapter 335, 2022 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8d - Tuition Waivers for Wards of the State Act › Section 103 - Tuition waivers for wards of the state.

53B-8d-103.
Tuition waivers for wards of the state.
(1) Beginning in the 2001-02 academic year, and subject to the limitations in Subsections (2), (3), and (4), a state institution of higher education shall waive tuition for each ward of the state who meets the following requirements:
(a) applies, qualifies, and is admitted as a full-time, part-time, or summer school student in a program of study leading to a degree or certificate;
(b) is a resident student of the state as determined under Section 53B-8-102;
(c) applies to the division for a waiver of tuition under this chapter and provides evidence satisfactory to the division that:
(i) the applicant was in the custody of the division for an aggregate period of not less than 24 months; and
(ii) the course or courses for which the applicant is seeking a tuition waiver meet the requirements of Subsection (2);
(d) applies under Subsection (1)(c) for the first time before the age of 22;
(e) is certified by the financial aid officer at the higher education institution as needing the tuition waiver in order to meet recognized educational expenses;
(f) maintains satisfactory academic progress, as defined by the institution of higher education, for each term or semester in which the individual is enrolled, which may be measured by the definition used for federal student assistance programs under Title IV of the Higher Education Act of 1965; and
(g) has not achieved a bachelor's degree and has received tuition reimbursement under this chapter for less than 124 semester credits or 180 quarter credits at an institution of higher education.
(2) A ward of the state is eligible for a tuition waiver under this section of not more than nine semesters.
(3) Tuition shall be waived:
(a) after the individual has applied for financial assistance, including scholarships and Pell Grants; and
(b) only to the extent that the tuition is not covered or paid by any scholarship, trust fund, statutory benefit, Pell Grant, or any other source of tuition coverage available for a waiver under this chapter.
(4) An institution of higher education shall waive tuition under this chapter only for courses that are applicable toward the degree or certificate requirements of the program in which the student is enrolled.
Enacted by Chapter 279, 2001 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8d - Tuition Waivers for Wards of the State Act › Section 104 - Notice of tuition waiver approval -- Annual appropriation.

53B-8d-104.
Notice of tuition waiver approval -- Annual appropriation.
(1) Upon receiving an application under Section 53B-8d-103, the division shall determine whether the applicant and the courses for which tuition waiver is sought meet the requirements of Section 53B-8d-103 and, if so, shall approve the application and notify the higher education institution that the application has been approved.
(2) The division shall provide the necessary forms and applications and cooperate with the state's institutions of higher education in developing efficient procedures for the implementation of this chapter.
(3) The division shall reimburse the state's institutions of higher education for any tuition waived under this chapter.
(4) The division shall annually report to the Legislature's Higher Education Appropriations Subcommittee on the number of individuals for whom tuition has been waived at each institution and the total amounts reimbursed by the division under this chapter for the fiscal year.
(5) The Legislature may annually appropriate the funds necessary to implement this chapter, including money to offset the reimbursement of tuition waivers.
Enacted by Chapter 279, 2001 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8e - Utah Purple Heart Recipients' Tuition Act › Section 102 - Definitions.

53B-8e-102.
Definitions.
As used in this chapter:
(1) "Purple Heart recipient" means any Utah resident who is a military veteran and who has earned a Purple Heart award as a result of military service.
(2) "State institution of higher education" means an institution listed in Section 53B-1-102.
(3)
(a) "Tuition" means tuition at the rate for residents of the state.
(b) "Tuition" excludes fees.
Enacted by Chapter 181, 2004 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 8e - Utah Purple Heart Recipients' Tuition Act › Section 103 - Tuition waivers for Purple Heart recipients -- Qualifications -- Limitations.

Effective 7/1/2020
53B-8e-103.
Tuition waivers for Purple Heart recipients -- Qualifications -- Limitations.
(1) Beginning in the 2004-05 academic year, a state institution of higher education shall waive undergraduate tuition for each Purple Heart recipient who:
(a) is admitted as a full-time, part-time, or summer school student in an undergraduate program of study leading to a degree or certificate;
(b) is a resident student of the state as determined under Section 53B-8-102; and
(c) submits verification as provided in Subsection (3) that the student is a Purple Heart recipient.
(2)
(a) Beginning in the 2008-09 academic year, a state institution of higher education shall waive graduate tuition as provided in this Subsection (2) for each Purple Heart recipient who:
(i) is admitted as a full-time, part-time, or summer school student in a graduate program of study leading to a degree;
(ii) is a resident student of the state as determined under Section 53B-8-102; and
(iii) submits verification as provided in Subsection (3) that the student is a Purple Heart recipient.
(b) To qualify for a graduate tuition waiver, a Purple Heart recipient shall apply for a graduate program no later than 10 years from the day on which the Purple Heart recipient completes an undergraduate degree.
(c) The total amount of all graduate tuition waived for a Purple Heart recipient may not exceed $10,000.
(d) A Purple Heart recipient may receive a graduate tuition waiver for a period of time that does not exceed the lesser of:
(i) the time it takes for the Purple Heart recipient to complete a graduate degree; or
(ii) five years after the day on which the Purple Heart recipient is accepted to a graduate program.
(3) A Purple Heart recipient seeking a tuition waiver shall request the Department of Veterans and Military Affairs to provide the verification required by Subsection (1)(c). The Department of Veterans and Military Affairs shall provide the verification upon obtaining evidence satisfactory to the division that the student is a Purple Heart recipient.
(4) 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 9 - Higher Education for Senior Citizens › Section 101 - Legislative findings on higher education for senior citizens and veterans -- Legislative intent -- Quarterly registration fee.

Effective 5/5/2021
53B-9-101.
Legislative findings on higher education for senior citizens and veterans -- Legislative intent -- Quarterly registration fee.
(1) The Legislature finds that substantial benefits would accrue to the state, as well as those directly involved, through making higher education more accessible to senior citizens and veterans who generally find themselves with more time for learning but with less funds for such purposes.
(2) It is intended that an institution of higher education allow Utah residents who have reached 62 years of age or are veterans as defined in Section 68-3-12.5 to enroll at the institution, in classes for which they may be qualified, on the basis of surplus space in regularly scheduled classes and in accordance with this chapter and implementing rules. These persons are exempt from tuition and other charges, except for a quarterly registration fee established by the board.
Amended by Chapter 203, 2021 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 9 - Higher Education for Senior Citizens › Section 102 - Enrollment on space-available basis -- Enrollment reports.

53B-9-102.
Enrollment on space-available basis -- Enrollment reports.
(1) Enrollment of senior citizens under this chapter is permissible after regularly enrolled students have been assigned and admitted to available classroom space in accordance with regular procedures and normal teaching loads in that space within the approved budget.
(2) Enrollments are determined by each institution under rules and guidelines promulgated by the board in accordance with findings of fact that space is available for the enrollments without increased instructional cost.
(3) Institutional enrollment reports shall show senior citizens separately, and they are not counted as full-time students.
Enacted by Chapter 167, 1987 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 10 - Incentive Loan Programs › Part 1 - Terrel H. Bell Teaching Incentive Loan Program › Section 106 - Pathways development.

Effective 5/3/2023
53B-10-106.
Pathways development.
(1) The board shall develop and implement a plan that creates clear educational pathways:
(a) from a technical college described in Subsection 53B-1-102(1)(b) to a degree-granting institution;
(b) in course work leading to a qualifying job or a qualifying degree as described in Section 53B-10-203; and
(c) for high schools that offer criminal justice or protective services pathways programs, including information on:
(i) available concurrent enrollment classes in subjects described in Section 53B-8-112.5; and
(ii) scholarship opportunities for careers as peace officers as defined in Section 53B-8c-102.
(2) The plan shall maximize efficiencies in transferring earned credit and help align academic programs with workforce needs.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules necessary to establish a plan described in this section.
Amended by Chapter 453, 2023 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 10 - Incentive Loan Programs › Part 2 - Talent Development Award Program › Section 201 - Definitions.

Effective 5/4/2022
53B-10-201.
Definitions.
As used in this part:
(1) "Award" means a monetary grant awarded in accordance with Section 53B-10-202.
(2) "Full-time" means the number of credit hours the board determines is full-time enrollment for a student for purposes of the program.
(3) "GO Utah office" means the Governor's Office of Economic Opportunity created in Section 63N-1a-301.
(4) "Institution" means an institution of higher education described in Subsection 53B-1-102(1)(a).
(5) "Program" means the Talent Development Award Program created in Section 53B-10-202.
(6) "Qualifying degree" means an associate's or a bachelor's degree that qualifies an individual to work in a qualifying job, as determined by the GO Utah office under Section 53B-10-203.
(7) "Qualifying job" means a job:
(a) described in Section 53B-10-203 for which an individual may receive an award for the current two-year period; or
(b)
(i) that was selected in accordance with Section 53B-10-203 at the time a recipient received an award; and
(ii)
(A) for which the recipient is pursuing a qualifying degree;
(B) for which the recipient completed a qualifying degree; or
(C) in which the recipient is working.
(8) "Recipient" means an individual who receives an award.
Amended by Chapter 370, 2022 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 10 - Incentive Loan Programs › Part 2 - Talent Development Award Program › Section 202 - Talent Development Award Program.

Effective 5/4/2022
53B-10-202.
Talent Development Award Program.
(1) There is created the Talent Development Award Program to recruit and train individuals to work in certain jobs that have a high demand for new employees and offer high wages.
(2) Subject to available funds, an institution shall award an individual who:
(a) is pursuing or declares an intent to pursue a qualifying degree;
(b) declares an intent to work in a qualifying job described in Subsection 53B-10-201(7)(a) in Utah following graduation;
(c) applies to the institution to receive an award; and
(d) meets other criteria determined by the board in the rules described in Section 53B-10-205.
(3)
(a) An institution may award a recipient in an amount up to the cost of resident tuition, fees, and books for the number of credit hours in which the recipient is enrolled each semester.
(b) An institution may award a recipient for up to the expected amount of time for the recipient to complete the qualifying degree, as determined by the institution.
(c) An institution may cancel an award in accordance with the rules described in Section 53B-10-205.
(4) An institution may use money from a partnership with an industry or business for funding or repaying an award.
(5) The board may use up to 5% of money appropriated for the program for administration.
Amended by Chapter 370, 2022 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 10 - Incentive Loan Programs › Part 2 - Talent Development Award Program › Section 203 - Selection of qualifying jobs and qualifying degrees.

Effective 7/1/2021
53B-10-203.
Selection of qualifying jobs and qualifying degrees.
(1) Every other year, the GO Utah office shall select:
(a) five qualifying jobs that:
(i) have the highest demand for new employees; and
(ii) offer high wages; and
(b) the qualifying degrees for each qualifying job.
(2) The GO Utah office shall:
(a) ensure that each qualifying job:
(i) ranks in the top 40% of jobs based on an employment index that considers the job's growth rate and total openings;
(ii) ranks in the top 40% of jobs for wages; and
(iii) requires an associate's degree or a bachelor's degree; and
(b) report the five qualifying jobs and qualifying degrees to the board.
Amended by Chapter 282, 2021 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 10 - Incentive Loan Programs › Part 2 - Talent Development Award Program › Section 205 - Rulemaking -- Program administration.

Effective 5/4/2022
53B-10-205.
Rulemaking -- Program administration.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board shall make rules to:
(a) establish an application process for an individual to apply for an award;
(b) subject to Section 53B-10-202, establish qualifying criteria for an individual to receive an award, including enrollment status;
(c) establish a process to evaluate applications that prioritizes awards to students who demonstrate financial need;
(d) establish how state funding available for awards is divided among institutions;
(e) establish how to determine an amount of money for an award;
(f) establish the circumstances under which an institution may cancel an award; and
(g) require an institution to provide specified information to the board relevant to administering the program.
(2) In administering the program, 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.
Amended by Chapter 370, 2022 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 13 - Higher Education Loan Act › Section 102 - Definitions.

53B-13-102.
Definitions.
As used in this chapter:
(1) "Bonds" means the bonds authorized to be issued by the board under this chapter, and may consist of bonds, notes, or debt obligations evidencing an obligation to repay borrowed money and payable solely from revenues and other money of the board pledged for repayment.
(2) "Eligible borrower" means a person, or the parent of a person, who is eligible to borrow under regulations applicable to the student loan program.
(3) "Eligible institution" means an institution which is approved by the board and the United States Secretary of Education for purposes of the guaranteed loan program.
(4) "Obligations" means student loan notes and other debt obligations reflecting loans to students which the board may take, acquire, buy, sell, or endorse under this chapter, and may include a direct or indirect interest in the whole or any part of the notes or obligations.
(5) "Resolution," when used in relation to the issuance of bonds, means the resolution or trust agreement securing the bonds.
(6) "Student" means a person who, under rules promulgated by the board, is enrolled or accepted for enrollment at an eligible institution and who is making suitable progress in his education toward obtaining a degree or other appropriate certification in accordance with standards acceptable to the board.
Enacted by Chapter 167, 1987 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 13 - Higher Education Loan Act › Section 105 - Agreements with bondholders unalterable.

53B-13-105.
Agreements with bondholders unalterable.
(1) Neither limitations or alterations of the rights vested in the board to fulfill the terms of an agreement made with bondholders nor impairment of the rights and remedies of those bondholders may occur until:
(a) the bonds, together with interest on the bonds and interest on unpaid installments of interest are met and discharged; and
(b) all costs and expenses in connection with an action or proceeding by or on behalf of those bondholders are met and discharged.
(2) The board may include provisions to this effect in an agreement with the holders of the bonds.
Enacted by Chapter 167, 1987 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 13 - Higher Education Loan Act › Section 106 - Investments in bonds of the board.

53B-13-106.
Investments in bonds of the board.
The bonds of the board are securities, in which public officers and bodies of this state, municipalities and municipal subdivisions, insurance companies and associations, persons carrying on an insurance business, banks, trust companies, savings banks and savings associations, saving and loan associations, investment companies, administrators, guardians, executors, trustees, other fiduciaries, and all other persons who are authorized to invest in bonds or other obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them.
Enacted by Chapter 167, 1987 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 13 - Higher Education Loan Act › Section 107 - Payment of funds -- Payment on warrants -- Contracts with bondholders -- Security.

53B-13-107.
Payment of funds -- Payment on warrants -- Contracts with bondholders -- Security.
(1) The funds of the board, except as otherwise authorized or provided in this section, are paid to the state treasurer.
(2) The money in the accounts is paid out on warrants signed by the State Division of Finance on requisition of the chairman of the board or of a board authorized officer or employee.
(3) The board, subject to the approval of the state treasurer, may contract with the holders of its bonds as to the custody, collection, securing, investment, and payment of money of the board or of money held in trust or otherwise for the payment of bonds.
(4) Money held in trust or otherwise for the payment of bonds or to secure bonds and deposits of the money may be secured in the same manner as money of the board.
(5) Banks and trust companies are authorized to give such security for the deposits.
Amended by Chapter 342, 2011 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 13 - Higher Education Loan Act › Section 108 - Bonds and interest exempt from taxation except corporate franchise tax.

53B-13-108.
Bonds and interest exempt from taxation except corporate franchise tax.
The bonds issued under this chapter and the interest on the bonds are exempt from all taxation in this state, except for the corporate franchise tax.
Enacted by Chapter 167, 1987 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 13 - Higher Education Loan Act › Section 109 - Board pledges -- Attachment of lien -- Recording unnecessary.

53B-13-109.
Board pledges -- Attachment of lien -- Recording unnecessary.
(1) A pledge made by the board is valid and binding from the time the pledge is made.
(2) The money or property pledged and subsequently received by the board is immediately subject to the lien of the pledge without physical delivery or further act.
(3) The lien of the pledge is valid and binding against all parties having a claim in tort, contract, or otherwise against the board, irrespective of whether the parties have notice of the claim.
(4) Neither the resolution nor another instrument by which a pledge is created need be recorded.
Enacted by Chapter 167, 1987 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 13 - Higher Education Loan Act › Section 110 - Default by board -- Appointment of a trustee -- Powers of the trustee and bondholders.

53B-13-110.
Default by board -- Appointment of a trustee -- Powers of the trustee and bondholders.
(1) If the board defaults in the payment of principal of or interest on an issue of bonds after the issue becomes due, whether at maturity or upon call for redemption, and the default continues for 30 days, or if the board fails or refuses to comply with this chapter, or defaults in an agreement made with the holders of an issue of bonds, the holders of 25% of the aggregate principal amount of the bonds of the issue then outstanding, may appoint a trustee to represent all holders of that issue of bonds for the purposes provided in this section.
(2) The trustee may, and upon written request of the holders of 25% of the aggregate principal amount of the bonds of the issue then outstanding shall, in his own name by action or proceeding enforce all rights of the bondholders including the following:
(a) bringing an action to require the board to collect fees, charges, interest, and amortization payments of loans made by it adequate to carry out the agreement as to, or pledge of, the fees, charges, interest, and amortization payment on the loans and other properties;
(b) bringing an action to require the board to carry out other agreements with the holders of the bonds and to perform its duties under this chapter;
(c) bringing an action upon the bonds; or
(d) bringing an action to require the board to account as if it were the trustee of an express trust for the holders of the bonds due and payable, and if all defaults are made good, then, with the consent of the holders of 25% of the principal amount of the issue of bonds then outstanding, to annul the declaration and its consequences.
(3) The holders of bonds and the trustee authorized by this section shall have all of the rights to which they are entitled by virtue of provisions included in the bonds or otherwise available to them under law.
Enacted by Chapter 167, 1987 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 13 - Higher Education Loan Act › Section 111 - Loans or purchase of obligations -- Rules -- Options -- Repayment of federally insured loans.

53B-13-111.
Loans or purchase of obligations -- Rules -- Options -- Repayment of federally insured loans.
(1) The board may purchase obligations from lenders or make loans to eligible borrowers, out of money available to the board for loans. The board shall promulgate rules for determining the needs of the respective borrowers for loans and for the purpose of making loans or purchasing obligations. The amount of an obligation purchased by the board or of a loan made by the board to an eligible borrower, whether enrolled or to be enrolled in a private institution or a tax-supported public institution, is determined by the board upon the basis of substantially similar standards and guides set forth in the board's rules. The board, in determining the needs of eligible borrowers for guaranteed loans, may consider the amount of assistance available to the students.
(2) When the board purchases an obligation or makes a loan, and again immediately before a repayment schedule on the loan or obligation is signed by the borrower, the board shall cause a written statement to be delivered to the borrower describing in detail whether an option exists and, if so, who may exercise the option, under what conditions the option may be exercised, and what options are available relating to the following:
(a) the term of the loan;
(b) the repayment period on the loan;
(c) an extension of the term or repayment period on the loan and the conditions of repayment under the extension;
(d) a deferment or forbearance on the repayment of the loan or on interest accruing on the loan, whether interest is to be paid during the deferment or forbearance, and the terms of repayment after the deferment or forbearance;
(e) the period of time between installment payments on the loan and whether graduated or unequal installment payments may be made;
(f) the minimum annual payment on the loan, and if more than one loan is taken from the board or if the borrower takes or has taken an educational loan from another source, the availability of consolidation, transfer, or assignment of the loans and the minimum annual payment on the aggregate of the loans;
(g) the granting of an interview before or at the time the borrower signs a repayment schedule; and
(h) the revision or renegotiation of the repayment schedule on the loan after repayment has commenced, or if other educational loans from the board or another source are taken after the repayment has commenced.
(3) On obligations purchased or loans made by the board which are federally insured loans, the board may establish variable repayment schedules conforming to the need and documented income levels of borrowers, if the schedules are not inconsistent with federal laws, rules, or regulations governing the insured loans. A borrower making payments on a loan may request and be granted a revised repayment term or schedule based upon the established variable repayment schedules.
Enacted by Chapter 167, 1987 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 13 - Higher Education Loan Act › Section 112 - Separation of duties, responsibilities, funds, liabilities, and expenses -- Immunity from personal liability.

53B-13-112.
Separation of duties, responsibilities, funds, liabilities, and expenses -- Immunity from personal liability.
(1) The duties, responsibilities, funds, liabilities, and expenses of the board under this chapter shall be maintained wholly separate and apart from their other duties, responsibilities, funds, liabilities, and expenses.
(2) A member of the board or a person executing the notes, bonds, or other obligations of the board is not personally liable for the repayment of the note, bond, or other obligation or subject to personal liability or accountability by reason of its issuance or nonissuance.
Enacted by Chapter 167, 1987 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 13 - Higher Education Loan Act › Section 113 - Bond approval by attorney general incontestable after 30 days -- Recital of certification.

53B-13-113.
Bond approval by attorney general incontestable after 30 days -- Recital of certification.
(1) The attorney general shall examine the resolutions and proceedings authorizing the issuance and confirming the sale of bonds under this chapter.
(2) Once examined and certified as legal obligations by the attorney general, the bonds become incontestable in any court in the state unless suit is brought in a court having jurisdiction within 30 days from the date of certification.
(3) The bonds certified under this section shall contain a recital on their face as follows: "This bond is one of a series of bonds which were certified as legal obligations by the Attorney General of the state of Utah on _______________."
(4) Bonds authorized, issued, and sold under resolutions and proceedings certified by the attorney general are valid and binding obligations according to their terms.
Enacted by Chapter 167, 1987 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 13 - Higher Education Loan Act › Section 114 - Mandamus in Supreme Court -- Precedence.

53B-13-114.
Mandamus in Supreme Court -- Precedence.
(1) If an official required by the proceeding authorizing bonds under this chapter to sign the bonds refuses to affix his signature to them, or if the attorney general refuses to certify the bonds as legal obligations, alleging illegality of the bonds, the board may bring an original action in mandamus in the Supreme Court of Utah.
(2) The importance to the state and its inhabitants of the program of loans to eligible borrowers is such that this action brought in the Supreme Court should be given precedence over the other matters pending before the court, and the court is requested to give this action precedence and to render its decision concerning it at the earliest possible time.
Enacted by Chapter 167, 1987 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 13a - Utah Promise Program Act › Section 102 - Definitions.

Effective 7/1/2023
53B-13a-102.
Definitions.
As used in this chapter:
(1)
(a) "Cost of attendance" means the estimated costs associated with attending an institution, as established by the institution in accordance with board policies.
(b) "Cost of attendance" includes costs payable to the institution, other direct educational expenses, transportation, and living expenses while attending the institution.
(2)
(a) "Eligible student" means a financially needy student who is:
(i) unconditionally admitted to and enrolled at a Utah postsecondary institution on at least a half-time basis, as defined by the board, in an eligible postsecondary program leading to a defined education or training objective, as defined by the board;
(ii) making satisfactory academic progress, as defined by the institution in published policies or rules, toward an education or training objective; and
(iii)
(A) a resident student under Section 53B-8-102 and rules of the board; or
(B) exempt from paying the nonresident portion of total tuition under Section 53B-8-106.
(b) "Eligible student" does not include a graduate student.
(3) "Financially needy student" means a student who demonstrates the financial inability to meet all or a portion of the cost of attendance at an institution for any period of attendance as defined by the board, after considering the student's expected family contribution.
(4) "Fiscal year" means the fiscal year of the state.
(5) "Partner award" means a financial award described in Section 53B-13a-106.
(6) "Program" means the Utah Promise Program.
(7) "Promise partner" means an employer that participates in the program described in Section 53B-13a-106.
(8) "Utah postsecondary institution" or "institution" means:
(a) an institution of higher education listed in Section 53B-1-102; or
(b) a Utah private, nonprofit postsecondary institution that is accredited by an accrediting organization that the United States Department of Education recognizes.
Amended by Chapter 254, 2023 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 13a - Utah Promise Program Act › Section 103 - Utah Promise Program -- Annual report.

Effective 5/4/2022
53B-13a-103.
Utah Promise Program -- Annual report.
(1) The Legislature finds that:
(a) the prosperity, economic success, and general welfare of the people of Utah and of the state are directly related to the educational levels and skills of the citizens of the state; and
(b) financial assistance, to bridge the gap between a financially needy student's resources and the cost of attendance at a Utah postsecondary institution, is a necessary component for ensuring access to postsecondary education and training.
(2) There is created the Utah Promise Program to provide financial assistance to students.
(3) The board shall annually submit an electronic report to the Higher Education Appropriations Subcommittee regarding the Utah Promise Program.
Amended by Chapter 370, 2022 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 13a - Utah Promise Program Act › Section 106 - Utah promise partners.

Effective 5/3/2023
53B-13a-106.
Utah promise partners.
(1) As part of the Utah Promise Program, 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 (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) 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 a promise partnership described in Subsection (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 earlier of:
(i) 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 eight semesters; or
(iii) when the recipient completes an approved program.
(5) The board may name a specific promise grant after the donating business.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board shall make rules that establish:
(a) a process for a business to seek and receive approval from the board to become a promise partner, including providing funds for tuition and fees to be distributed under the Utah Promise Program;
(b) a process for an individual to apply for a partner award; and
(c) criteria for the board to prioritize awarding partner awards to individuals.
(7) The board may allow an individual to apply directly to the board for a partner award.
Amended by Chapter 137, 2023 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 13b - Veterans Tuition Gap Program Act › Section 102 - Definitions.

Effective 7/1/2023
53B-13b-102.
Definitions.
As used in this chapter:
(1) "Federal program" means a veterans educational assistance program established in:
(a) United States Code, Title 10, Chapter 1606, Educational Assistance for Members of the Selected Reserve;
(b) United States Code, Title 38, Chapter 30, All-Volunteer Force Educational Assistance Program;
(c) United States Code, Title 38, Chapter 31, Training and Rehabilitation for Veterans with Service-Connected Disabilities;
(d) United States Code, Title 38, Chapter 32, Post-Vietnam Era Veterans' Educational Assistance; or
(e) United States Code, Title 38, Chapter 33, Post-9/11 Educational Assistance.
(2) "Institution of higher education" or "institution" means:
(a) an institution of higher education listed in Subsection 53B-2-101(1); or
(b) a private, nonprofit, postsecondary institution located in Utah that is accredited by an accrediting organization that the United States Department of Education recognizes.
(3) "Program" means the Veterans Tuition Gap Program created in this chapter.
(4)
(a) "Qualifying military veteran" means a veteran, as defined in Section 68-3-12.5, who:
(i) is a resident student under Section 53B-8-102 and rules of the board;
(ii) is accepted into an institution and enrolled in a program leading to a bachelor's degree;
(iii)
(A) has exhausted the federal benefit under a federal program; or
(B) demonstrates that the veteran no longer qualifies to receive federal benefits under any federal program; and
(iv) has not completed a bachelor's degree.
(b) "Qualifying military veteran" does not include a family member.
Amended by Chapter 254, 2023 General Session
2023 Utah Code › Title 53B - State System of Higher Education › Chapter 13b - Veterans Tuition Gap Program Act › Section 103 - Establishment of the Veterans Tuition Gap Program.

Effective 5/9/2017
53B-13b-103.
Establishment of the Veterans Tuition Gap Program.
There is established a Veterans Tuition Gap Program to serve qualifying military veterans with tuition assistance at institutions of higher education when:
(1) federal benefits under the federal program have been exhausted or are not available; and
(2) a qualifying military veteran has not finished a bachelor's degree and is in the final year of a bachelor's degree program.
Amended by Chapter 143, 2017 General Session