21-16-1306 shall be used for scholarships under W.S. 21-16-1304

21-16-1306 shall be used for scholarships under W.S. 21-16-1304 and 21-16-1305 after all scholarships under W.S. 21-16-1306 have been paid;

(iii) After all funds within the expenditure account have been expended, funds within the Hathaway student scholarship reserve account shall be used to fund any remaining scholarships awarded under this article;

(iv) If no funds remain available in the expenditure account or reserve account at the time payment is required to be made to an institution for any semester, the payment to the eligible institutions shall be reduced on a first come first served basis using the student's application date for the scholarship.

21-16-1310. Legislative oversight and authority.

Nothing in this article shall be construed to constitute an entitlement to a scholarship established and funded by the legislature. Wyoming Hathaway scholarships shall be subject to legislative appropriation and the legislature reserves the right to modify or terminate the program established under this article at any time.

21-16-1311. Hathaway scholarship program reporting.

The University of Wyoming and each community college shall report on the use of all scholarship funds controlled by the institution, exclusive of federal funds. The report shall show the total scholarship funds, including scholarship funds granted via tuition discounts, for the most recently completed biennium contrasted with the biennium ending June 30, 2006. The report shall show how any funds supplanted by Hathaway scholarships have been reallocated for other scholarship and student financial aid programs or have been rebudgeted for other purposes and the plans for such funds for the coming biennium. The report shall describe the extent to which the university and community colleges have included within regular written or electronic communications transmitted to alumni of the institutions, information on the progress of the scholarship programs established under this article and information on making contributions to the Hathaway student scholarship endowment account. The Wyoming community college commission shall specify the format of, and combine and transmit the reports on behalf of each college. The University of Wyoming and the community college commission shall include the reports within the respective biennial budget requests submitted under W.S. 9-2-1013.

21-16-1312. Hathaway expand Wyoming scholarship; eligibility requirements and conditions; selection.

(a) There is created the Hathaway expand Wyoming scholarship. The scholarship shall be administered by the department in accordance with this section and rules adopted by the department. Hathaway expand Wyoming scholarship recipients shall be selected by a committee comprised of the governor, state superintendent of public instruction, president of the University of Wyoming and executive director of the community college commission, or their designees.

(b) Each year up to two (2) students from each state contiguous to Wyoming may be awarded a Hathaway expand Wyoming scholarship, not to exceed an aggregate of twenty-four (24) active awards at any time. Awards of Hathaway expand Wyoming scholarships shall be contingent on available funds and anticipated revenue to the Hathaway expand Wyoming scholarship expenditure account. Minimum initial qualifications for a Hathaway expand Wyoming scholarship shall be all initial requirements applicable to a Hathaway honor scholarship, other than Wyoming residency and graduation from a high school located in Wyoming. In addition to those requirements, recipients shall have:

(i) A minimum cumulative high school GPA of 3.75 and a score equal to or greater than the 2015-2016 national percentile rank of ninety-seven (97) on an examination administered throughout the United States and relied upon by institutions of higher education to determine acceptance of students for attendance;

(ii) At the time of graduation, be a resident of a state contiguous to Wyoming and have successfully completed a curriculum at least as stringent as that imposed under W.S. 21- 16-1307 for Hathaway honor scholarships.  (c) A Hathaway expand Wyoming scholarship shall be for the student's cost of attendance at an eligible institution, but not to exceed the maximum dollar amount provided to students receiving a trustee scholarship at the University of Wyoming and subject to reduction in accordance with W.S. 21-16-1309(a). No student shall be eligible for a Hathaway expand Wyoming scholarship for more than the equivalent of eight (8) full-time semesters. Minimum continuing eligibility and reinstatement eligibility requirements for a Hathaway expand Wyoming scholarship shall be the same as requirements for a Hathaway honors scholarship. These minimum requirements may be increased by rule of the department to requirements no more stringent than those imposed by the University of Wyoming for recipients of a trustee scholarship. Hathaway expand Wyoming scholarships may be reduced in the same manner and to lower levels as provided for Hathaway honor scholarships for failure to meet continuing eligibility requirements.

(d) Hathaway expand Wyoming scholarships shall not be subject to the provisions of W.S. 21-16-1308, but shall be administered by the department in accordance with the provisions of this section and the following:

(i) The department shall, in consultation with University of Wyoming and community college admissions officers and financial aid officers, promulgate rules necessary to implement this section. The consultation shall include development of a means for informing students in contiguous states of the availability of Hathaway expand Wyoming scholarships;

(ii) Eligible institutions shall provide information required by the department as necessary to fulfill its duties under this section;

(iii) Students shall apply for Hathaway expand Wyoming scholarships with the department at the time of applying for admission or at an earlier time as established by rule of the department. The application shall contain information required by rule of the department. The application shall require each applicant to verify under penalty of false swearing under W.S. 6-5-303, that the applicant has not been convicted of a felony in this state or another jurisdiction;

(iv) The department shall determine and certify to the state treasurer the amount of scholarships awarded under this section for attendance at each eligible institution not later than September 1 for the fall semester and not later than January 15 for the spring semester. Upon receipt of the certification the state treasurer shall pay from the scholarship expenditure account the amount certified by the department;

(v) The same information required to be reported under W.S. 21-16-1308 for Hathaway opportunity, performance and honor scholarships shall be reported for Hathaway expand Wyoming scholarships awarded.

(e) Before awarding a Hathaway expand Wyoming scholarship, the department shall obtain an agreement from each student, or the student's guardian, under which the student agrees to:

(i) Actively engage in work in Wyoming for one (1) year or attend graduate school at the University of Wyoming for one (1) year, for every four (4) academic semesters or portions thereof in which a Hathaway expand Wyoming scholarship was received. The department shall establish by rule the commencement of the period for undertaking the requirements of this paragraph, which period shall begin not later than one (1) year after the completion of the last semester in which a Hathaway expand Wyoming scholarship was received; or

(ii) Repay all Hathaway expand Wyoming scholarship amounts, together with interest which shall begin accruing four (4) years after execution of the agreement. However, interest shall begin to accrue immediately upon the department determining that the student has withdrawn from the Wyoming institution of higher education or is otherwise not making satisfactory academic progress toward completion of a degree or program. Money expended under this section shall accrue at an annual interest rate equal to that charged for federal direct student loans at the time interest begins to accrue, which rate shall be adjusted annually to match the federal direct student loan rate. In no event shall the interest rate be greater than eight percent (8%). Any amounts repaid by Hathaway expand Wyoming scholarship recipients shall be deposited to the Hathaway expand Wyoming scholarship endowment fund created by W.S. 9-4-204(u)(viii).

(f) The Hathaway expand Wyoming scholarship expenditure account is created to consist of earnings from the Hathaway expand Wyoming scholarship endowment fund created by W.S. 9-4- 204(u)(viii) and such other funds appropriated by the legislature to the expenditure account. No state funds shall be appropriated to the expenditure account or used for scholarships under this section. The monies deposited to the expenditure account under this subsection shall be available for scholarships under this section. Monies within the expenditure account are continuously appropriated to the state treasurer for distribution to eligible institutions based on scholarships awarded under this section. All unexpended and unencumbered monies within the expenditure account at the end of each fiscal year shall be deposited by the state treasurer to the Hathaway expand Wyoming scholarship endowment fund.

ARTICLE 14 - UNIVERSITY OF WYOMING ACADEMIC FACILITIES CHALLENGE FUND

21-16-1401. Definitions.

(a) As used in this article:

(i) "Challenge account" means the university academic facilities challenge account established under W.S. 21-16-1402;

(ii) "Qualifying contribution" means a transfer of money or other property of a value of not less than twenty-five thousand dollars ($25,000.00) to the University of Wyoming foundation to be expended exclusively for university academic facilities as approved by the university president and board of trustees. The commitment for a qualifying contribution or the contribution itself shall be made in writing on or after October 1, 2005. The contribution shall be actually received by the University of Wyoming foundation on or before December 31 of the fifth calendar year following the calendar year in which the written commitment was made. Members of a single family may aggregate their individual gifts to meet the minimum dollar threshold required for matching funds. Gifts from nonfamily members in memory of a deceased individual may also be aggregated to meet the minimum dollar threshold required for matching funds.

21-16-1402. University academic facilities challenge account.

(a) The university academic facilities challenge account is created.

(b) The state treasurer shall invest amounts deposited within the account in accordance with law. All investment earnings shall be credited to the general fund. Notwithstanding W.S. 9-2-1008, 9-2-1012(e) or 9-4-207, other funds within the account shall not lapse or revert until directed by the legislature and shall remain available for distribution as provided in this article.

21-16-1403. Academic facilities challenge matching program; state treasurer to administer program account; matching payments; conditions; annual reports; reversion of appropriations.

(a) The state treasurer shall administer the university academic facilities challenge account established under this article. The following shall apply:

(i) To the extent that funds are available in the challenge account, the state treasurer shall match each qualifying contribution actually received by the University of Wyoming foundation by transferring from the challenge account to the university an amount equal to the amount of the qualifying contribution. Qualifying contributions made directly to the university shall be considered qualifying contributions to the foundation for purposes of this article. The university shall expend both the qualifying contributions and the matching funds solely for the cost of establishing new or renovating existing university academic facilities as approved by the university president and board of trustees for which private fundraising is deemed to be feasible. Authorized expenditures for academic facilities include but are not limited to all expenditures necessary for planning, designing, procuring contractors, construction management and actual construction;

(ii) The state treasurer shall make transfers to the university under this section not later than the end of the calendar quarter following the quarter during which the qualifying contribution is received. Matching funds shall only be available for expenditure to the extent cash or cash equivalent contributions are actually received by the University of Wyoming. If a qualifying contribution is made through a series of payments or transfers, no matching funds shall be transferred by the state treasurer until the total value of all payments or transfers actually received toward the contribution totals at least twenty-five thousand dollars ($25,000.00). Thereafter, matching funds shall be transferred as payments or transfers toward that qualifying contribution are received by the foundation;

(iii) The state treasurer shall distribute funds or encumber funds for future distribution in the case of a written commitment, to match a qualifying contribution based on the order in which each qualifying contribution is actually received or in which a written commitment to make a qualifying contribution is received by the foundation. Matching funds shall not be distributed or encumbered in excess of the amount within the challenge account. No matching funds shall be transferred to the university except to match qualifying contributions actually received. The state treasurer shall rescind an encumbrance if the university notifies him that a donor who made a commitment will not make a qualifying contribution that is eligible for matching funds under this section;

(iv) For the purpose of calculating the matching amount only, the state treasurer shall use the value of a qualifying contribution based on its fair market value at the time the contribution is received by the university foundation. The university shall provide evidence of fair market value as the state treasurer requires for each qualifying contribution. The state treasurer's office shall not bear any costs associated with providing evidence;

(v) The University of Wyoming shall on or before October 1 of each calendar year submit a report to the state treasurer from the university foundation regarding the matching program established under this section for the preceding fiscal year. The report shall include a financial summary and a review of the accomplishments resulting from program expenditures. The state treasurer shall distribute the report to the governor and the joint education interim committee.

(vi) Repealed By Laws 2009, Ch. 52, § 3.

ARTICLE 15 - TUITION AND FEES FOR SURVIVORS OR DEPENDENTS OF EMERGENCY RESPONDERS

21-16-1501. Free tuition and fees for education of survivors or dependents of deceased or disabled peace officers, firefighters and emergency medical technicians.

(a) The University of Wyoming or any Wyoming community college for up to ten (10) semesters shall provide free tuition and fees for any person who is a surviving dependent of any person described in subsection (g) of this section or the dependent of any disabled person described in subsection (h) of this section. If the surviving dependent first enrolls in a community college and then transfers to another community college or the University of Wyoming, the free tuition and fees shall continue until the dependent has completed a cumulative total of ten (10) semesters at the community college level and the university.

(b) In order to qualify for the benefit under this section, a person claiming eligibility for free tuition and fees under this section shall be under twenty-two (22) years of age at the time of the death of the parent or legal guardian described in subsection (g) of this section or at the time of the qualifying disability described in subsection (j) of this section, and at the time of first enrollment claiming eligibility for benefits under this section. No person shall be eligible for the benefits provided under this section for any semester commencing more than eight (8) academic years after the semester in which the person initially receives benefits under this section. The institution in which the student enrolls shall grant exceptions to the requirements of this subsection for military service, religious service or other good cause shown, which exceptions shall be consistent with rules promulgated by the Wyoming department of education for the Hathaway scholarship program under W.S. 21-16-1303(b)(iii)(B) and (d).

(c) Upon application by a person claiming eligibility for free tuition and fees under this section because of the death or qualifying disability of a parent or legal guardian, the University of Wyoming or the Wyoming community college where the person applied for enrollment shall:

(i) Determine whether the deceased or disabled person was an individual specified in subsection (g) or (h) of this section;

(ii) Determine whether the person died or suffered a qualifying disability while acting within the scope of his duties; and

(iii) Certify whether the person claiming eligibility for free tuition and fees under this section is qualified to receive free tuition and fees under this section.

(d) A person who had qualified for free tuition and fees under subsection (b) of this section, shall be deemed eligible for the free tuition and fees at any Wyoming community college or the University of Wyoming up to the maximum number of semesters of study allowed under subsection (a) of this section, if the person transfers to another institution specified in subsection (a) of this section.

(e) For purposes of paragraph (c)(ii) of this section, it shall be conclusively presumed that the decedent died while acting within the scope of duties if death benefits were paid as a result of the death to any person pursuant to the Wyoming Worker's Compensation Act.

(f) To remain eligible for benefits under this section, by the end of the spring semester completing the student's third or fourth semester of attendance, the student shall have a cumulative grade point average of at least two point zero (2.0) and shall maintain a cumulative grade point average of at least two point zero (2.0) at the end of each subsequent spring semester to continue to receive the free tuition and fees.

(g) The benefits provided in subsections (a) through (f) of this section shall be provided to the surviving dependents of the following:

(i) A peace officer who has qualified pursuant to W.S. 9-1-701 through 9-1-709 and who died while acting within the scope of his duties in the service of a law enforcement agency in the state;

(ii) A paid or volunteer fire fighter who died while acting within the scope of his duties in the service of a paid or volunteer fire department or district in the state;

(iii) A paid or volunteer emergency medical technician who died while acting within the scope of his duties in the service of a paid or volunteer ambulance service in the state, when responding at the request of a public agency to assist in a civil or military emergency, or natural or human caused disaster.

(h) The benefits provided in subsections (a) through (g) of this section shall be provided to the dependents of the following:

(i) A peace officer who has qualified pursuant to W.S. 9-1-701 through 9-1-709 and who suffered a qualifying disability while acting within the scope of his duties in the service of a law enforcement agency in the state;  (ii) A paid or volunteer firefighter who suffered a qualifying disability while acting within the scope of his duties in the service of a paid or volunteer fire department or district in the state;

(iii) A paid or volunteer emergency medical technician who suffered a qualifying disability while acting within the scope of his duties in the service of a paid or volunteer ambulance service in the state, when responding at the request of a public agency to assist in a civil or military emergency, or natural or human caused disaster.

(j) Limitations on benefits under subsections (a) through (g) of this section shall be applicable to benefits under subsection (h) of this section and references to the decedent's death shall be construed as references to the qualifying disability. For purposes of subsection (h) of this section, it shall be conclusively presumed that the person suffered a qualifying disability if:

(i) The person's disability was caused by a specific injury or disease which results primarily from a specific act or occurrence determinable by a definite time or place, from a physical or mental trauma which arises from the nature and in the course of the person's scope of employment;

(ii) The disabled person is unable to continue in the performance of his duties; and

(iii) The person is receiving retirement benefits for partial or total disability incurred in the scope of employment, including payments made pursuant to W.S. 9-3-431(f),