1     
REGENTS' SCHOLARSHIP AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lyle W. Hillyard

5     
House Sponsor: Daniel McCay

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the Regents' Scholarship Program.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     modifies the Regents' Scholarship Program for students who graduate from high
14     school after July 1, 2018;
15          ▸     enacts provisions related to the modified Regents' Scholarship Program, including
16     provisions related to:
17               •     the distribution process for Regents' Scholarship Program money;
18               •     student eligibility for a Regents' scholarship; and
19               •     required rulemaking of the State Board of Regents; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          53B-8-105, as last amended by Laws of Utah 2013, Chapter 64
28          63G-12-402, as last amended by Laws of Utah 2015, Chapter 370
29          63I-2-253, as last amended by Laws of Utah 2016, Chapters 128, 229, 236, 271, and
30     318
31     ENACTS:
32          53B-8-201, Utah Code Annotated 1953
33     RENUMBERS AND AMENDS:
34          53B-8-202, (Renumbered from 53B-8-108, as last amended by Laws of Utah 2016,
35     Chapter 188)
36          53B-8-203, (Renumbered from 53B-8-109, as last amended by Laws of Utah 2013,
37     Chapter 64)
38          53B-8-204, (Renumbered from 53B-8-110, as last amended by Laws of Utah 2010,
39     Chapter 6)
40          53B-8-205, (Renumbered from 53B-8-111, as last amended by Laws of Utah 2013,
41     Chapter 64)
42     

43     Be it enacted by the Legislature of the state of Utah:
44          Section 1. Section 53B-8-105 is amended to read:
45          53B-8-105. New Century scholarships -- High school requirements.
46          (1) As used in this section, "complete the requirements for an associate degree" means
47     that a student:
48          (a) (i) completes all the required courses for an associate degree from a higher
49     education institution within the state system of higher education that offers associate degrees;
50     and
51          (ii) applies for the associate degree from the institution; or
52          (b) completes equivalent requirements described in Subsection (1)(a)(i) from a higher
53     education institution within the state system of higher education that offers baccalaureate
54     degrees but does not offer associate degrees.
55          (2) (a) The board shall award New Century scholarships.
56          (b) The board shall develop and approve the math and science curriculum described
57     under Subsection (3)(a)(ii).
58          (3) (a) In order to qualify for a New Century scholarship, a student in Utah schools
59     shall complete the requirements for an:
60          (i) associate degree; or
61          (ii) approved math and science curriculum.
62          (b) The requirements under Subsection (3)(a) shall be completed:
63          (i) (A) for a student whose class graduates from high school in 2010 or before, by
64     September 1 of the year the student's class graduates from high school; or
65          (B) for a student whose class graduates from high school in 2011 or after, by the day on
66     which the student's class graduates from high school; and
67          (ii) with at least a 3.0 grade point average.
68          (c) In addition to the requirements in Subsection (3)(a), a student in Utah schools
69     whose class graduates from high school in 2011 or after shall:
70          (i) complete the high school graduation requirements of:
71          (A) a public high school established by the State Board of Education and the student's
72     school district or charter school; or
73          (B) a private high school in the state that is accredited by a regional accrediting body
74     approved by the board; and
75          (ii) complete high school with at least a 3.5 cumulative high school grade point
76     average.
77          (4) Notwithstanding Subsection (3), for a student who does not receive a high school
78     grade point average, the student shall:
79          (a) complete the requirements for an associate degree:
80          (i) (A) for a student who completes high school in 2010 or before, by September 1 of
81     the year the student completes high school; or
82          (B) for a student who completes high school in 2011 or after, by June 15 of the year the
83     student completes high school; and
84          (ii) with at least a 3.0 grade point average; and
85          (b) score a composite ACT score of 26 or higher.
86          (5) To be eligible for the scholarship, a student:
87          (a) shall submit an application to the board with:
88          (i) an official college transcript showing college courses the student has completed to
89     complete the requirements for an associate degree; and
90          (ii) (A) if applicable, an official high school transcript; or
91          (B) if applicable, a copy of the student's ACT scores;
92          (b) shall be a citizen of the United States or a noncitizen who is eligible to receive
93     federal student aid;
94          (c) may not have a criminal record, with the exception of a misdemeanor traffic
95     citation; and
96          (d) if applicable, shall meet the application deadlines as established by the board under
97     Subsection (10).
98          (6) (a) The scholarship may be used at a:
99          (i) higher education institution within the state system of higher education that offers
100     baccalaureate programs; or
101          (ii) private, nonprofit college or university in the state accredited by the Northwest
102     Association of Schools and Colleges that offers baccalaureate programs.
103          (b) For a student whose class graduates from high school in 2010 and who completes
104     the requirements under Subsection (3)(a) by September 1, 2010:
105          (i) if used at an institution described in Subsection (6)(a)(i), the value of the
106     scholarship is up to 75% of the tuition costs at the selected institution; or
107          (ii) if used at an institution described in Subsection (6)(a)(ii), the value of the
108     scholarship is up to 75% of the tuition costs at the institution, not to exceed 75% of the average
109     tuition costs at the institutions referred in Subsection (6)(a)(i).
110          (c) (i) For a student whose class graduates in 2011 or after and who completes the
111     requirements under this section, the total value of the scholarship is up to $5,000, allocated
112     over a time period described in Subsection (6)(d), as prescribed by the board.
113          (ii) The board may increase the scholarship amount described in Subsection (6)(c)(i) by
114     an amount not to exceed the average percentage tuition increase approved by the board for
115     institutions in the state system of higher education.
116          (d) The scholarship is valid for the shortest of the following time periods:
117          (i) two years of full-time equivalent enrollment;
118          (ii) 60 credit hours; or
119          (iii) until the student meets the requirements for a baccalaureate degree.
120          (e) (i) A scholarship holder shall enroll full-time at a higher education institution by no
121     later than the fall term immediately following the student's high school graduation date or
122     receive an approved deferral from the board.
123          (ii) The board may grant a deferral or leave of absence to a scholarship holder, but the
124     student may only receive scholarship money within five years of the student's high school
125     graduation date.
126          [(7) (a) The board may cancel a New Century scholarship at any time if the student
127     fails to:]
128          [(i) register as a full-time student;]
129          [(ii) maintain at least a 3.0 grade point average for two consecutive semesters; or]
130          [(iii) make reasonable progress towards the completion of a baccalaureate degree.]
131          [(b) Beginning July 1, 2013, the]
132          (7) The board may cancel a New Century scholarship at any time if the student fails to:
133          [(i)] (a) register for at least 15 credit hours per semester;
134          [(ii)] (b) maintain a 3.3 grade point average for two consecutive semesters; or
135          [(iii)] (c) make reasonable progress [towards] toward the completion of a baccalaureate
136     degree.
137          (8) (a) Subject to future budget constraints, the Legislature shall make an annual
138     appropriation from the General Fund to the board for the costs associated with the New
139     Century Scholarship Program authorized under this section.
140          (b) It is understood that the appropriation is offset in part by the state money that would
141     otherwise be required and appropriated for these students if they were enrolled in a four-year
142     postsecondary program at a state-operated institution.
143          (c) Notwithstanding Subsections (2)(a) and (6), if the appropriation under Subsection
144     (8)(a) is insufficient to cover the costs associated with the New Century Scholarship Program,
145     the board may reduce the scholarship amount.
146          (9) (a) The board shall adopt policies establishing an application process and an appeal
147     process for a New Century scholarship.
148          (b) The board shall disclose on all applications and related materials that the amount of
149     the scholarship is subject to funding and may be reduced, in accordance with Subsection (8)(c).
150          (c) The board shall require an applicant for a New Century scholarship to certify under
151     penalty of perjury that:
152          (i) the applicant is a United States citizen; or
153          (ii) the applicant is a noncitizen who is eligible to receive federal student aid.
154          (d) The certification under this Subsection (9) shall include a statement advising the
155     signer that providing false information subjects the signer to penalties for perjury.
156          (10) The board may set deadlines for receiving New Century scholarship applications
157     and supporting documentation.
158          (11) A student may not receive both a New Century scholarship and a Regents'
159     scholarship established in [Section 53B-8-108] Part 2, Regents' Scholarship Program.
160          Section 2. Section 53B-8-201 is enacted to read:
161     
Part 2. Regents' Scholarship Program

162          53B-8-201. Regents' Scholarship Program.
163          (1) As used in this section:
164          (a) "Eligible institution" means:
165          (i) a credit-granting institution of higher education within the state system of higher
166     education described in Section 53B-1-102; or
167          (ii) a private, nonprofit college or university in the state that is accredited by the
168     Northwest Commission on Colleges and Universities.
169          (b) "Eligible student" means a student who:
170          (i) applies to the board in accordance with the rules described in Subsection (6);
171          (ii) is enrolled in an eligible institution; and
172          (iii) meets the criteria established by the board in rules described in Subsection (6).
173          (c) "Program" means the Regents' Scholarship Program described in this section.
174          (2) (a) A student who graduates from high school after July 1, 2018:
175          (i) may receive a Regents' scholarship in accordance with this section; and
176          (ii) may not may receive a scholarship in accordance with Sections 53B-8-202 through
177     53B-8-205.
178          (b) A student who graduates from high school on or before July 1, 2018:
179          (i) may receive a scholarship in accordance with Sections 53B-8-202 through
180     53B-8-205; and
181          (ii) may not receive a Regents' scholarship in accordance with this section.
182          (3) (a) Subject to legislative appropriations and Subsection (3)(d), beginning with an
183     appropriation for fiscal year 2019, the board shall annually distribute money for the Regents'
184     Scholarship Program described in this section to each eligible institution to award as Regents'
185     scholarships to eligible students.
186          (b) The board shall annually determine the amount of a Regents' scholarship based on:
187          (i) the number of eligible students in the state; and
188          (ii) money available for the program.
189          (c) The board shall annually determine the total amount of money to distribute to an
190     eligible institution based on the eligible institution's share of all eligible students in the state.
191          (d) An eligible institution that is a private, nonprofit college or university shall, to
192     receive money distributed by the board described in Subsection (3)(a), enter into a written
193     agreement with the board in which the eligible institution agrees to:
194          (i) provide the board with access to information and data necessary for the purposes of
195     the program; and
196          (ii) comply with an audit by the board described in Subsection (5) if the board conducts
197     an audit.
198          (4) (a) Except as provided in Subsection (4)(b), an eligible institution shall provide to
199     an eligible student a Regents' scholarship in the amount determined by the board described in
200     Subsection (3)(b).
201          (b) An eligible institution may reduce the amount of a Regents' scholarship provided to
202     an eligible student based on other state aid awarded to the eligible student for tuition and fees.
203          (5) The board may:
204          (a) audit an eligible institution's administration of Regents' scholarships; and
205          (b) require an eligible institution to repay to the board money distributed to the eligible
206     institution under this section that is not provided to an eligible student as a Regents'
207     scholarship.
208          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
209     board shall make rules that establish:
210          (a) requirements related to an eligible institution's administration of Regents'
211     scholarships;
212          (b) a process for a student to apply to the board to determine the student's eligibility for
213     a Regents' scholarship;
214          (c) criteria to determine a student's eligibility for a Regents' scholarship, including:
215          (i) minimum secondary education academic performance standards;
216          (ii) the completion of secondary core curriculum and graduation requirements;
217          (iii) the completion of a Free Application for Federal Student Aid;
218          (iv) need-based measures that address college affordability and access; and
219          (v) minimum enrollment requirements in an eligible institution; and
220          (d) a requirement for each eligible institution to annually report to the board on all
221     Regents' scholarships awarded by the eligible institution.
222          (7) The board shall annually report on the program to the Higher Education
223     Appropriations Subcommittee.
224          (8) (a) The State Board of Education, a school district, or a public high school shall
225     cooperate with the board and eligible institutions to facilitate the program, including by
226     exchanging relevant data where allowed by law.
227          (b) The State Board of Education shall annually provide to the board a list of directory
228     information, including name and address, for each grade 8 student in the state.
229          Section 3. Section 53B-8-202, which is renumbered from Section 53B-8-108 is
230     renumbered and amended to read:
231          [53B-8-108].      53B-8-202. Regents' Scholarship Program -- General
232     provisions -- Board policies.
233          (1) This section only applies to a student who graduates from high school on or before
234     July 1, 2018.
235          [(1)] (2) The Regents' Scholarship Program is created to award merit scholarships to
236     students who complete a rigorous core course of study in high school.
237          [(2)] (3) (a) A student who is awarded the Base Regents' scholarship established in
238     Section [53B-8-109] 53B-8-203 may also be awarded each of the supplemental awards
239     established in Sections [53B-8-110 and 53B-8-111] 53B-8-204 and 53B-8-205.
240          (b) A student may not receive both a Regents' scholarship and a New Century
241     scholarship established in Section 53B-8-105.
242          [(3)] (4) A Regents' scholarship may only be used at a:
243          (a) credit-granting higher education institution within the state system of higher
244     education; or
245          (b) private, nonprofit college or university in the state that is accredited by the
246     Northwest [Association of Schools and Colleges] Commission on Colleges and Universities.
247          [(4)] (5) (a) A scholarship holder shall enroll full-time at a higher education institution
248     described in Subsection [(3)] (4) by no later than the fall term immediately following the
249     student's high school graduation date or receive an approved deferral from the board.
250          (b) The board may grant a deferral or leave of absence to a scholarship holder, but the
251     student may only receive scholarship money within five years of the student's high school
252     graduation date.
253          [(5)] (6) (a) The board shall annually report on the Regents' Scholarship Program at the
254     beginning of each school year to the Higher Education Appropriations Subcommittee.
255          (b) The board shall ensure that the report includes the number of students in each
256     school district and public high school who meet the academic criteria for the Base Regents'
257     scholarship and for the Exemplary Academic Achievement Scholarship.
258          (c) The State Board of Education, school districts, and public high schools shall
259     cooperate with the board to facilitate the collection and distribution of Regents' Scholarship
260     Program data.
261          [(6)] (7) The State Board of Education shall annually provide the board a complete list
262     of directory information, including student name and address, for all grade 8 students in the
263     state.
264          [(7)] (8) The board shall adopt policies establishing:
265          (a) the high school and college course requirements described in Subsection
266     [53B-8-109(1)(d)(i)] 53B-2-203(2)(d)(i);
267          (b) the additional weights assigned to grades earned in certain courses described in
268     Subsections [53B-8-109(4) and 53B-8-111(7)] 53B-8-203(5) and 53B-8-205(8);
269          (c) the regional accrediting bodies that may accredit a private high school described in
270     Subsection [53B-8-109(1)(a)(ii)] 53B-8-203(2)(a)(ii);
271          (d) (i) the application process and an appeal process for a Regents' scholarship,
272     including procedures to allow a student to apply for the scholarship on-line; and
273          (ii) a disclosure on all applications and related materials that the amount of the awards
274     is subject to funding and may be reduced, in accordance with Subsection [(8)] (9)(b); and
275          (e) how college credits correlate to high school units for purposes of Subsection
276     [53B-8-109(1)(d)(i)] 53B-8-203(2)(d)(i).
277          [(8)] (9) (a) Subject to future budget constraints, the Legislature shall make an annual
278     appropriation from the Education Fund to the board for the costs associated with the Regents'
279     Scholarship Program authorized under this section and Sections [53B-8-109, 53B-8-110, and
280     53B-8-111] 53B-8-203, 53B-8-204, and 53B-8-205.
281          (b) Notwithstanding the provisions of this section and Sections [53B-8-109,
282     53B-8-110, and 53B-8-111] 53B-8-203, 53B-8-204, and 53B-8-205, if the appropriation under
283     Subsection [(8)] (9)(a) is insufficient to cover the costs associated with the Regents'
284     Scholarship Program, the board may reduce the amount of the Base Regents' scholarships and
285     supplemental awards.
286          [(9)] (10) The board may set deadlines for receiving Regents' scholarship applications
287     and supporting documentation.
288          Section 4. Section 53B-8-203, which is renumbered from Section 53B-8-109 is
289     renumbered and amended to read:
290          [53B-8-109].      53B-8-203. Regents' Scholarship Program -- Base Regents'
291     scholarship -- Qualifications -- Application.
292          (1) This section only applies to a student who graduates from high school on or before
293     July 1, 2018.
294          [(1)] (2) A student qualifies for a Base Regents' scholarship if the student:
295          (a) completes the high school graduation requirements of:
296          (i) a public school established by the State Board of Education and the student's school
297     district or charter school; or
298          (ii) a private high school in the state that is accredited by a regional accrediting body
299     approved by the board;
300          (b) completes high school with at least a 3.0 cumulative grade point average;
301          (c) has at least one reported ACT test score; and
302          (d) (i) completes the following high school or college credit in grades 9[-] through 12:
303          (A) four units of credit of English;
304          (B) four units of credit of mathematics;
305          (C) three and one-half units of credit of social science;
306          (D) three units of credit of lab-based natural science; and
307          (E) two units of credit of sequential world or classical language other than English; and
308          (ii) except as provided in Subsection [(4)] (5), earns a course grade on a transcript of
309     "C" or above in each individual course listed in Subsection [(1)] (2)(d)(i).
310          [(2)] (3) The board shall establish policies to determine specific courses that meet the
311     requirements under Subsection [(1)] (2)(d)(i).
312          [(3)] (4) To be eligible for the scholarship, a student:
313          (a) shall submit an application to the board with:
314          (i) a copy of the student's official high school transcript and ACT scores; and
315          (ii) if applicable, a college transcript showing a college course the student has
316     completed to meet the requirements of Subsection [(1)] (2)(d);
317          (b) shall be a citizen of the United States or a noncitizen who is eligible to receive
318     federal student aid;
319          (c) may not have a criminal record, with the exception of a misdemeanor traffic
320     citation; and
321          (d) if applicable, shall meet the application deadlines as established by the board under
322     Subsection [53B-8-108(9)] 53B-8-202(10).
323          [(4)] (5) For purposes of determining if a student meets the grade requirements of
324     Subsection [(1)] (2)(d)(ii), the board shall assign additional weights to grades earned in courses
325     described in Subsection [(1)] (2)(d)(i) that are advanced placement, concurrent enrollment, or
326     International Baccalaureate program courses.
327          [(5)] (6) (a) The amount of the Base Regents' scholarship is $1,000.
328          (b) The board may adjust the amount of the Base Regents' scholarship by up to a
329     percentage of the average percentage tuition increase approved by the board for institutions in
330     the system of higher education.
331          [(6)] (7) (a) The board shall require an applicant for a Regents' scholarship to certify
332     under penalty of perjury that:
333          (i) the applicant is a United States citizen; or
334          (ii) the applicant is a noncitizen who is eligible to receive federal student aid.
335          (b) The certification under this Subsection [(6)] (7) shall include a statement advising
336     the signer that providing false information subjects the signer to penalties for perjury.
337          Section 5. Section 53B-8-204, which is renumbered from Section 53B-8-110 is
338     renumbered and amended to read:
339          [53B-8-110].      53B-8-204. Regents' Scholarship Program -- Supplemental
340     award to encourage college savings.
341          (1) This section only applies to a student who graduates from high school on or before
342     July 1, 2018.
343          [(1)] (2) A student who qualifies for the Base Regents' Scholarship in accordance with
344     the provisions of Section [53B-8-109] 53B-8-203 may be awarded up to an additional $400 as
345     provided in this section.
346          [(2)] (3) A student who qualifies for the Base Regents' Scholarship shall be awarded
347     $100 for a year that:
348          (a) the student was 14, 15, 16, or 17 years of age; and
349          (b) at least $100 in contributions, excluding transfers, investment earnings, and
350     interest, was deposited in a Utah Educational Savings Plan account that designated the student
351     as the beneficiary.
352          Section 6. Section 53B-8-205, which is renumbered from Section 53B-8-111 is
353     renumbered and amended to read:
354          [53B-8-111].      53B-8-205. Supplemental scholarship award -- Exemplary
355     academic achievement -- Regents' diploma.
356          (1) This section only applies to a student who graduates from high school on or before
357     July 1, 2018.
358          [(1)] (2) A student who qualifies for the Base Regents' scholarship in accordance with
359     the provisions of Section [53B-8-109] 53B-8-203 shall qualify for an additional Exemplary
360     Academic Achievement scholarship if the student:
361          (a) completes high school with a cumulative grade point average of 3.5 or higher;
362          (b) except as provided in Subsection [(7)] (8), earns a course grade on a transcript of
363     "B" or above in each individual course listed in Subsection [53B-8-109(1)(d)(i)]
364     53B-8-203(2)(d)(i); and
365          (c) (i) scores a composite ACT score of 26 or higher; and
366          (ii) if determined by the board's policies, achieves additional ACT college readiness
367     benchmark scores in English, mathematics, reading, and science.
368          [(2)] (3) For a student who graduates from high school in the 2009-10 school year:
369          (a) if used at a higher education institution described in Subsection [53B-8-108(3)(a)]
370     53B-8-202(4)(a), the value of an Exemplary Academic Achievement scholarship is up to 75%
371     of the tuition costs at the selected institution; or
372          (b) if used at a higher education institution described in Subsection [53B-8-108(3)(b)]
373     53B-8-202(4)(b), the value of an Exemplary Academic Achievement scholarship is up to 75%
374     of the tuition costs at the institution, not to exceed 75% of the average tuition costs at the
375     institutions described in Subsection [53B-8-108(3)(a)] 53B-8-202(4)(a).
376          [(3)] (4) (a) For a student who graduates from high school in or after the 2010-11
377     school year, the total value of an Exemplary Academic Achievement scholarship is up to
378     $5,000, allocated over a time period described in Subsection [(4)] (5), as prescribed by the
379     board.
380          (b) The board may adjust the amount of the Exemplary Academic Achievement
381     scholarship by up to a percentage of the average percentage tuition increase approved by the
382     board for institutions in the state system of higher education.
383          [(4)] (5) An Exemplary Academic Achievement scholarship is valid for the shortest of
384     the following time periods:
385          (a) two years of full-time equivalent enrollment;
386          (b) 65 credit hours; or
387          (c) until the student meets the requirements for a baccalaureate degree.
388          [(5) (a) The board may cancel an Exemplary Academic Achievement scholarship at
389     any time if the student fails to:]
390          [(i) register as a full-time student;]
391          [(ii) maintain a 3.0 grade point average for two consecutive semesters; or]
392          [(iii) make reasonable progress towards the completion of a baccalaureate degree.]
393          [(b) Beginning July 1, 2013, the]
394          (6) The board may cancel an Exemplary Academic Achievement scholarship at any
395     time if the student fails to:
396          [(i)] (a) register for at least 15 credit hours per semester;
397          [(ii)] (b) maintain a 3.3 grade point average for two consecutive semesters; or
398          [(iii)] (c) make reasonable progress [towards] toward the completion of a baccalaureate
399     degree.
400          [(6)] (7) A student who qualifies for the Exemplary Academic Achievement
401     scholarship under this section may also receive a Regents' diploma endorsement to be issued by
402     the board.
403          [(7)] (8) For purposes of determining if a student meets the grade requirements of
404     Subsection [(1)] (2)(b), the board shall assign additional weights to grades earned in courses
405     described in Subsection [53B-8-109(1)(d)(i)] 53B-8-203(2)(d)(i) that are advanced placement,
406     concurrent enrollment, or International Baccalaureate program courses.
407          Section 7. Section 63G-12-402 is amended to read:
408          63G-12-402. Receipt of state, local, or federal public benefits -- Verification --
409     Exceptions -- Fraudulently obtaining benefits -- Criminal penalties -- Annual report.
410          (1) (a) Except as provided in Subsection (3) or when exempted by federal law, an
411     agency or political subdivision of the state shall verify the lawful presence in the United States
412     of an individual at least 18 years of age who applies for:
413          (i) a state or local public benefit as defined in 8 U.S.C. Sec. 1621; or
414          (ii) a federal public benefit as defined in 8 U.S.C. Sec. 1611, that is administered by an
415     agency or political subdivision of this state.
416          (b) For purpose of a license issued under Title 58, Chapter 55, Utah Construction
417     Trades Licensing Act, to an applicant that is an unincorporated entity, the Department of
418     Commerce shall verify in accordance with this Subsection (1) the lawful presence in the United
419     States of each individual who:
420          (i) owns an interest in the contractor that is an unincorporated entity; and
421          (ii) engages, or will engage, in a construction trade in Utah as an owner of the
422     contractor described in Subsection (1)(b)(i).
423          (2) This section shall be enforced without regard to race, religion, gender, ethnicity, or
424     national origin.
425          (3) Verification of lawful presence under this section is not required for:
426          (a) any purpose for which lawful presence in the United States is not restricted by law,
427     ordinance, or regulation;
428          (b) assistance for health care items and services that:
429          (i) are necessary for the treatment of an emergency medical condition, as defined in 42
430     U.S.C. Sec. 1396b(v)(3), of the individual involved; and
431          (ii) are not related to an organ transplant procedure;
432          (c) short-term, noncash, in-kind emergency disaster relief;
433          (d) public health assistance for immunizations with respect to immunizable diseases
434     and for testing and treatment of symptoms of communicable diseases whether or not the
435     symptoms are caused by the communicable disease;
436          (e) programs, services, or assistance such as soup kitchens, crisis counseling and
437     intervention, and short-term shelter, specified by the United States Attorney General, in the
438     sole and unreviewable discretion of the United States Attorney General after consultation with
439     appropriate federal agencies and departments, that:
440          (i) deliver in-kind services at the community level, including through public or private
441     nonprofit agencies;
442          (ii) do not condition the provision of assistance, the amount of assistance provided, or
443     the cost of assistance provided on the income or resources of the individual recipient; and
444          (iii) are necessary for the protection of life or safety;
445          (f) the exemption for paying the nonresident portion of total tuition as set forth in
446     Section 53B-8-106;
447          (g) an applicant for a license under Section 61-1-4, if the applicant:
448          (i) is registered with the Financial Industry Regulatory Authority; and
449          (ii) files an application with the state Division of Securities through the Central
450     Registration Depository;
451          (h) a state public benefit to be given to an individual under Title 49, Utah State
452     Retirement and Insurance Benefit Act;
453          (i) a home loan that will be insured, guaranteed, or purchased by:
454          (i) the Federal Housing Administration, the Veterans Administration, or any other
455     federal agency; or
456          (ii) an enterprise as defined in 12 U.S.C. Sec. 4502;
457          (j) a subordinate loan or a grant that will be made to an applicant in connection with a
458     home loan that does not require verification under Subsection (3)(i);
459          (k) an applicant for a license issued by the Department of Commerce or individual
460     described in Subsection (1)(b), if the applicant or individual provides the Department of
461     Commerce:
462          (i) certification, under penalty of perjury, that the applicant or individual is:
463          (A) a United States citizen;
464          (B) a qualified alien as defined in 8 U.S.C. Sec. 1641; or
465          (C) lawfully present in the United States; and
466          (ii) (A) the number assigned to a driver license or identification card issued under Title
467     53, Chapter 3, Uniform Driver License Act; or
468          (B) the number assigned to a driver license or identification card issued by a state other
469     than Utah if, as part of issuing the driver license or identification card, the state verifies an
470     individual's lawful presence in the United States; and
471          (l) an applicant for:
472          (i) a Regents' scholarship described in [Section 53B-8-109] Title 53B, Chapter 8, Part
473     2, Regents' Scholarship Program;
474          (ii) a New Century scholarship described in Section 53B-8-105; or
475          (iii) a privately funded scholarship:
476          (A) for an individual who is a graduate of a high school located within Utah; and
477          (B) administered by an institution of higher education as defined in Section 53B-2-101.
478          (4) (a) An agency or political subdivision required to verify the lawful presence in the
479     United States of an applicant under this section shall require the applicant to certify under
480     penalty of perjury that:
481          (i) the applicant is a United States citizen; or
482          (ii) the applicant is:
483          (A) a qualified alien as defined in 8 U.S.C. Sec. 1641; and
484          (B) lawfully present in the United States.
485          (b) The certificate required under this Subsection (4) shall include a statement advising
486     the signer that providing false information subjects the signer to penalties for perjury.
487          (5) An agency or political subdivision shall verify a certification required under
488     Subsection (4)(a)(ii) through the federal SAVE program.
489          (6) (a) An individual who knowingly and willfully makes a false, fictitious, or
490     fraudulent statement or representation in a certification under Subsection (3)(k) or (4) is subject
491     to the criminal penalties applicable in this state for:
492          (i) making a written false statement under Subsection 76-8-504(2); and
493          (ii) fraudulently obtaining:
494          (A) public assistance program benefits under Sections 76-8-1205 and 76-8-1206; or
495          (B) unemployment compensation under Section 76-8-1301.
496          (b) If the certification constitutes a false claim of United States citizenship under 18
497     U.S.C. Sec. 911, the agency or political subdivision shall file a complaint with the United
498     States Attorney General for the applicable district based upon the venue in which the
499     application was made.
500          (c) If an agency or political subdivision receives verification that a person making an
501     application for a benefit, service, or license is not a qualified alien, the agency or political
502     subdivision shall provide the information to the Office of the Attorney General unless
503     prohibited by federal mandate.
504          (7) An agency or political subdivision may adopt variations to the requirements of this
505     section that:
506          (a) clearly improve the efficiency of or reduce delay in the verification process; or
507          (b) provide for adjudication of unique individual circumstances where the verification
508     procedures in this section would impose an unusual hardship on a legal resident of Utah.
509          (8) It is unlawful for an agency or a political subdivision of this state to provide a state,
510     local, or federal benefit, as defined in 8 U.S.C. Sec. 1611 and 1621, in violation of this section.
511          (9) A state agency or department that administers a program of state or local public
512     benefits shall:
513          (a) provide an annual report to the governor, the president of the Senate, and the
514     speaker of the House regarding its compliance with this section; and
515          (b) (i) monitor the federal SAVE program for application verification errors and
516     significant delays;
517          (ii) provide an annual report on the errors and delays to ensure that the application of
518     the federal SAVE program is not erroneously denying a state or local benefit to a legal resident
519     of the state; and
520          (iii) report delays and errors in the federal SAVE program to the United States
521     Department of Homeland Security.
522          Section 8. Section 63I-2-253 is amended to read:
523          63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
524          (1) Section 53A-1-403.5 is repealed July 1, 2017.
525          (2) Section 53A-1-411 is repealed July 1, 2017.
526          (3) Section 53A-1-709 is repealed July 1, 2020.
527          (4) Subsection 53A-1a-513(4) is repealed July 1, 2017.
528          (5) Section 53A-1a-513.5 is repealed July 1, 2017.
529          (6) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2019.
530          (7) Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is
531     repealed July 1, 2017.
532          (8) Sections 53A-24-601 and 53A-24-602 are repealed January 1, 2018.
533          (9) (a) Subsections 53B-2a-103(2) and (4) are repealed July 1, 2019.
534          (b) When repealing Subsections 53B-2a-103(2) and (4), the Office of Legislative
535     Research and General Counsel shall, in addition to its authority under Subsection 36-12-12(3),
536     make necessary changes to subsection numbering and cross references.
537          (10) (a) The following sections are repealed on July 1, 2023:
538          (i) Section 53B-8-202;
539          (ii) Section 53B-8-203;
540          (iii) Section 53B-8-204; and
541          (iv) Section 53B-8-205.
542          (b) (i) Subsection 53B-8-201(2) is repealed on July 1, 2023.
543          (ii) When repealing Subsection 53B-8-201(2), the Office of Legislative Research and
544     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
545     necessary changes to subsection numbering and cross references.
546          [(10)] (11) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project,
547     is repealed July 1, 2023.




Legislative Review Note
Office of Legislative Research and General Counsel