9-20 - Utah Commission on Service and Volunteerism Act
Title 9 > 9-20
Sections (10)
General Provisions
9-20-101 - Title.
This chapter is known as the “Utah Commission on Service and Volunteerism Act.”
Renumbered and Amended by Chapter 221, 2019 General Session
9-20-102 - Definitions.
As used in this chapter:
(1) “Act” means the National Community and Service Trust Act of 1993, 42 U.S.C. 12501 et seq.
(2) “Commission” means the Utah Commission on Service and Volunteerism created in Section 9-20-201.
(3) “Corporation” means the Corporation for National and Community Service described in the act.
Renumbered and Amended by Chapter 221, 2019 General Session
Utah Commission on Service and Volunteerism
9-20-201 - Creation — Members — Appointment — Terms — Vacancies — Per diem and expenses.
(1) There is created the Utah Commission on Service and Volunteerism consisting of 19 voting members and one nonvoting member.
(2) The 19 voting members of the commission are:the lieutenant governor;the commissioner of higher education or the commissioner’s designee;the state superintendent of public instruction or the superintendent’s designee;the executive director of the Department of Cultural and Community Engagement or the executive director’s designee;nine members appointed by the governor as follows:an individual with expertise in the educational, training, and developmental needs of youth, particularly disadvantaged youth;an individual with experience in promoting the involvement of older adults in volunteer service;a representative of a community-based agency or organization within the state;a representative of local government;a representative of a local labor organization in the state;a representative of business;an individual between the ages of 16 and 25 years old who participates in a volunteer or service program;a representative of a national service program; anda representative of the volunteer sector; andsix members appointed by the governor from among the following groups:local educators;experts in the delivery of human, educational, cultural, environmental, or public safety services to communities and individuals;representatives of Native American tribes;representatives of organizations that assist out-of-school youth or other at-risk youth; orrepresentatives of entities that receive assistance under the Domestic Volunteer Service Act of 1973, 42 U.S.C. 4950 et seq.
(3) The nonvoting member of the commission is the regional representative of the corporation.
(4) In appointing persons to serve on the commission, the governor shall ensure that no more than five voting members of the commission are state government employees.In appointing persons to serve on the commission, the governor shall strive for balance on the commission according to race, ethnicity, age, gender, disability characteristics, and geography.
(5) Except as required by Subsection (5)(b), as terms of current commission members expire, the governor shall appoint each new member or reappointed member to a three-year term.Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of commission members are staggered so that approximately one-third of the commission is appointed every year.
(6) When a vacancy occurs in the membership, the replacement shall be appointed for the unexpired term.
(7) A member appointed by the governor may not serve more than two consecutive terms.
(8) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Amended by Chapter 57, 2025 General Session
9-20-202 - Election of commission chair and vice chair.
(1) The chair as of May 1, 2024, remains the chair until the completion of the chair’s current term.
(2) Subject to Subsection (3), the voting members of the commission shall elect a vice chair from among the voting members of the commission.
(3) The voting members of the commission may not elect the lieutenant governor as vice chair of the commission.
(4) The chair and vice chair shall serve for a term of one year.
(5) The chair becomes the past chair after the chair completes the one-year term.
(6) The vice chair becomes the chair after the vice chair completes the one-year term.
(7) Subject to Subsection (7)(b), if for any reason the chair does not complete a one-year term, the voting members of the commission shall elect a chair from among the voting members of the commission to complete the unexpired term.The voting members of the commission may not elect the lieutenant governor as the chair of the commission.
Amended by Chapter 323, 2024 General Session
9-20-203 - Commission chair and vice chair duties.
(1) The chair shall: preside at meetings of the commission; andauthorize and execute the actions of the commission.
(2) The vice chair shall: assist the chair;if the chair is absent, perform the duties of the chair;accept special assignments from the chair; andperform other duties as delegated by the commission.
Renumbered and Amended by Chapter 221, 2019 General Session
9-20-204 - Meetings — Quorum.
(1) The commission shall meet at least four times each year at the call of the chair.
(2) A commission quorum is a simple majority of the voting members.
Amended by Chapter 323, 2024 General Session
9-20-205 - Commission duties.
(1) The commission shall:administer the selection, development, and oversight of programs funded and established by the act;pursue opportunities for sustainable and high-impact community service;develop and annually update a three-year state service plan, including the establishment of state priorities;provide policy guidance to the One Utah Service Fellowship Program described in Section 9-20-301; andstimulate increased community awareness of the impact of volunteer service in the state.
(2) The commission may, subject to Title 63J, Chapter 5, Federal Funds Procedures Act, receive and accept federal funds, and may receive and accept private gifts, donations, or funds from any source.Money received under this Subsection (2) shall be deposited with the state and shall be available to the commission to carry out the purposes of this part.
Amended by Chapter 323, 2024 General Session
9-20-206 - Reporting and administration.
(1) The executive director of the department, in consultation with the commission, shall appoint a director of the commission who is:experienced in administration; andqualified by education or training in the field of public administration.
(2) The director of the commission shall report to the executive director.
(3) The commission shall:report to the office of the lieutenant governor; andby January 1, provide an annual written report to the lieutenant governor on service and volunteerism in the state.
(4) The department shall provide administrative and staff support services to the commission.
Amended by Chapter 323, 2024 General Session
9-20-207 - Rulemaking.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , and the provisions of this chapter, the Department of Cultural and Community Engagement may make rules to:
(1) implement this chapter; and
(2) ensure the commission complies with the act and related federal requirements.
Amended by Chapter 184, 2021 General Session
One Utah Service Fellowship Program
9-20-301 - One Utah Service Fellowship Program.
(1) As used in this section:“Education expense” means:tuition or student fees at an institution of higher education that participates in the federal student assistance programs under the Higher Education Act of 1965, Title IV, 20 U.S.C. Sec. 1070 et seq.;repayment of a student loan; orother costs of attending an institution of higher education described in Subsection (1)(a)(i), as determined by the institution of higher education, for a degree or certificate program, including:books;supplies;transportation; androom and board.”Eligible recipient” means an individual who:is a resident of the state;successfully completes a fellowship under the program created in this section; andis a citizen of the United States, a United States national, or a lawful permanent resident of the United States.”Federal requirements for the AmeriCorps program” means:relevant provisions of:the National and Community Service Act of 1990, as amended, 42 U.S.C. 12501 et seq. and corresponding federal regulations;the Domestic Volunteer Service Act of 1973, as amended, 42 U.S.C. 4950 et seq. and corresponding federal regulations;the Federal Grant and Cooperative Agreement Act, as amended, 31 U.S.C. Secs. 6301 through 6308, and corresponding federal regulations; andAmeriCorps’ C.F.R. Chapters XII and XXV; andany terms and conditions associated with AmeriCorps federal grant funding.”Institution of higher education” means the same as that term is defined in Section 53H-1-101.”Participant” means an individual who:is at least 17 years old;has received a high school diploma or its equivalent; andthe program matches with a qualified partner organization to participate in a program fellowship.”Program” means the One Utah Service Fellowship Program created in Subsection (2).”Qualified partner organization” means a nonprofit organization or government entity that:agrees to supervise a participant for the total number of hours outlined in an agreement with the commission;except as provided in Subsection (4)(d) or (6), agrees to provide the commission or third-party administrator with a matching living allowance amount, as described in Subsection (5); andprovides a valuable service to the community, as determined by the commission or commission rule.”State funds” means funds that are owned, held, or administered by the department to administer the program as described in this section.”Supervise” means the act of overseeing the work of an eligible recipient, including some component of in-person interaction.”Third-party administrator” means an entity that:enters into an agreement with the department, as described in Subsection (8);is a nonprofit organization or subsidiary or affiliate of an institution of higher education;has experience managing programs and funds; andoperates under the direction of the commission.”Tuition award” means an amount of money to be used for an education expense, as described in Subsection (7).
(2) There is created a One Utah Service Fellowship Program to provide meaningful service opportunities to young adults in the state to:prepare young adults for additional educational, training, and career opportunities;address high-priority needs within the state; andprovide a living allowance to a participant, a tuition award to an eligible recipient, or both, in accordance with this section.
(3) Subject to appropriations from the Legislature, the commission shall administer the program as described in this section.Except as otherwise provided in an agreement authorized by Subsection (8)(b) the commission:shall create and maintain a list of high-priority policy needs in the state where program service opportunities can provide the most value to the state;shall receive an application from a potential participant;shall match a participant to a qualified partner organization for participation in the program;shall approve a potential qualified partner organization to participate in the program;shall prioritize the placement of participants with qualified partner organizations that address the high-priority policy needs identified under Subsection (3)(b)(i);shall create and maintain, or contract with a third-party to create and maintain, an online portal that:provides information about the program, including required qualifications for participation, tuition awards, and living allowances;lists all service opportunities with qualified partner organizations that are available through the program; andallows a potential participant to apply for placement with a qualified partner organization;shall determine the metrics of success of the program, including metrics regarding whether an eligible recipient:matriculates at an institution of higher education after completing a One Utah Service Fellowship; andgraduates from, or otherwise completes a program at, an institution of higher education;shall measure the success of the program according to the metrics determined under this Subsection (3);shall coordinate with institutions of higher education to:connect an eligible recipient with additional educational, training, certification, and apprenticeship opportunities; andexplore options to award an eligible recipient with academic credit for the completion of a One Utah Service Fellowship, in addition to the living allowance or tuition award;may solicit private donations to supplement the program, including to offset a matching amount required of a qualified partner organization as described in Subsection (4)(d);shall market and provide outreach for the program; andshall ensure the program complies with federal requirements for the AmeriCorps program administered by the commission.The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this section.
(4) Before a participant begins providing service through the program, the commission or third-party administrator shall enter into an agreement with the participant that outlines the mutual expectations of the program and the participant.The agreement described in Subsection (4)(a) shall detail the requirements of the participant, including:the total number of hours of service required under the agreement;the exact living allowance amount promised to the participant in consideration of service, as described in Subsection (5);the exact tuition award amount promised to the participant upon successful completion of a fellowship, as described in Subsection (7);qualifications for and acceptable uses of the tuition award, as described in Subsection (7); andthe circumstances under which the agreement may be amended, including for participant hardship or compelling personal circumstance.Subject to Subsection (4)(c)(ii), before a qualified partner organization accepts service from a participant, the commission or third-party administrator shall enter into an agreement with the qualified partner organization that outlines the mutual expectations of the program and qualified partner organization, including the exact amount of matching funds the qualified partner organization shall provide to the commission or third-party administrator to contribute to a participant’s living allowance.A qualified partner organization shall agree to contribute no less than $5 per hour to a participant’s living allowance, except as provided in Subsection (4)(d) or (6).The agreement described in Subsection (4)(c) may include a provision that the program is reducing the qualified partner organization’s matching fund requirement due to the receipt of private donations or eligible federal funds, as described in Subsection (5)(c)(ii).
(5) The commission may issue, and a participant may receive, a living allowance for participating in the program.The commission or third-party administrator shall establish the exact living allowance for a participant on a case-by-case basis in an agreement described in Subsection (4)(a) based on:available program funds; andany matching funds provided by:the qualified partner organization with which the participant is paired;private donations to the program; oreligible federal funds.Except as provided in Subsection (5)(c)(v) or (6), the commission or third-party administrator shall contribute no less than 8,500 of the living allowance for the term of the agreement, from state funds.The commission or third-party administrator shall supplement the remaining balance of a participant’s exact living allowance from other funds, including:matching funds provided to the commission or third-party administrator by a qualified partner organization;private donations to the program; oreligible federal funds.The commission or third-party administrator shall prioritize a participant’s placement with a qualified partner organization based on the amount of matching funds the qualified partner organization proposes to provide to the commission or third-party administrator under Subsection (5)(c)(ii)(A), with preference going to qualified partner organizations that offer to provide a larger living allowance.The living allowance and matching fund amounts shall be established based on the participant’s total committed number of hours over the term of the agreement described in Subsection (4).The commission or third-party administrator shall disburse the living allowance to a participant in equal installments over the term of the agreement, no less than on a monthly basis.The commission or third-party administrator may contribute less than $5 per hour of the living allowance from state funds when another source of eligible funding, including funding from federal programs, covers all or part of the living allowance for the term of the agreement.
(6) A qualified partner organization that is an institution of higher education, as defined in Section 53H-1-101, may enter into an agreement with a participant for a tuition-only award under the program.The agreement in Subsection (6)(a) shall comply with the requirements described in Subsections (4)(a), (4)(b)(i), and (4)(b)(iii) through (v).The director shall review the participation data collected under Subsection (6)(a) to determine whether the participation data supports continuing the tuition-only award under the program.If the participation data fails to support a tuition-only award under the program, the director may discontinue the tuition-only award under the program.
(7) The commission or third-party administrator shall provide or approve the issuance of a tuition award to an eligible recipient, according to the terms of the agreement described in Subsection (4), upon the successful completion of a fellowship.The commission or third-party administrator shall establish the exact tuition award for an eligible recipient on a case-by-case basis in an agreement described in Subsection (4)(a).The commission or third-party shall base the tuition award described in Subsection (7)(b) on federal requirements for the AmeriCorps program, including:a maximum tuition award for 1,700 hours of service during the term of service; anda reduced tuition award for a reduced number of hours of service during the term of service.An eligible recipient may use a tuition award:for an eligible education expense;over a seven-year period beginning the day on which the eligible recipient receives the tuition award; andsubject to the requirements of Subsection (7)(e).If the program uses state funds to supplement a tuition award:the commission or third-party administrator shall detail that information in an agreement described in Subsection (4)(a); andan eligible recipient may only use the state funded portion of the tuition award after the eligible recipient has exhausted any scholarship, education grant, or financial aid.
(8) The department:shall provide staff support to the commission to implement the program; andmay enter into an agreement with one or more third-party administrators to administer and implement the program under the direction of the commission, including by fulfilling one or more of the responsibilities described in Subsection (3).
Amended by Chapter 9, 2025 Special Session 1