S.B. 100

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Senate 3rd Reading Amendments 2-15-2013lp/aos This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Feb 12, 2013 at 3:29 PM by lpoole. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Feb 14, 2013 at 1:03 PM by lpoole. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Feb 15, 2013 at 2:46 PM by lpoole. --> 1

HIGHER EDUCATION SCHOLARSHIP AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jerry W. Stevenson
5 House Sponsor: Derek E. Brown
6
7 LONG TITLE
8 General Description:
9 This bill modifies requirements related to certain higher education scholarships.
10 Highlighted Provisions:
11 This bill:
12 . allows the Board of Regents to assign additional weights to grades earned in
13 International Baccalaureate program courses in determining scholarship eligibility
14 in the Regents' Scholarship Program;
15 . beginning July 1, 2013, changes the requirement for a student receiving a New
16 Century scholarship or an Exemplary Academic Achievement award under the
17 Regents' Scholarship Program to:
18 . register for at least 15 credit hours per semester; and
19 . maintain a 3.3 GPA; and
20 . exempts the Board of Regents from verifying lawful presence of certain scholarship
21 applicants S. under a certain verification program [ . ] ; and
21a . requires an applicant for a New Century or Regents' scholarship to certify, under
21b penalty of perjury, that the applicant is a United States citizen or lawfully present in the
21c country. .S
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:

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- 2 - 28 53B-8-105, as last amended by Laws of Utah 2010, Chapter 270
29 53B-8-109, as last amended by Laws of Utah 2010, Chapter 270
30 53B-8-111, as last amended by Laws of Utah 2010, Chapter 270
31 63G-12-402, as last amended by Laws of Utah 2012, Chapters 192 and 369
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 53B-8-105 is amended to read:
35 53B-8-105. New Century scholarships -- High school requirements.
36 (1) As used in this section, "complete the requirements for an associate degree" means
37 that a student:
38 (a) (i) completes all the required courses for an associate degree from a higher
39 education institution within the state system of higher education that offers associate degrees;
40 and
41 (ii) applies for the associate degree from the institution; or
42 (b) completes equivalent requirements described in Subsection (1)(a)(i) from a higher
43 education institution within the state system of higher education that offers baccalaureate
44 degrees but does not offer associate degrees.
45 (2) (a) The board shall award New Century scholarships.
46 (b) The board shall develop and approve the math and science curriculum described
47 under Subsection (3)(a)(ii).
48 (3) (a) In order to qualify for a New Century scholarship, a student in Utah schools
49 shall complete the requirements for an:
50 (i) associate degree; or
51 (ii) approved math and science curriculum.
52 (b) The requirements under Subsection (3)(a) shall be completed:
53 (i) (A) for a student whose class graduates from high school in 2010 or before, by
54 September 1 of the year the student's class graduates from high school; or
55 (B) for a student whose class graduates from high school in 2011 or after, by the day on
56 which the student's class graduates from high school; and
57 (ii) with at least a 3.0 grade point average.
58 (c) In addition to the requirements in Subsection (3)(a), a student in Utah schools

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- 3 - 59 whose class graduates from high school in 2011 or after shall:
60 (i) complete the high school graduation requirements of:
61 (A) a public high school established by the State Board of Education and the student's
62 school district or charter school; or
63 (B) a private high school in the state that is accredited by a regional accrediting body
64 approved by the board; and
65 (ii) complete high school with at least a 3.5 cumulative high school grade point
66 average.
67 (4) Notwithstanding Subsection (3), for a student who does not receive a high school
68 grade point average, the student shall:
69 (a) complete the requirements for an associate degree:
70 (i) (A) for a student who completes high school in 2010 or before, by September 1 of
71 the year the student completes high school; or
72 (B) for a student who completes high school in 2011 or after, by June 15 of the year the
73 student completes high school; and
74 (ii) with at least a 3.0 grade point average; and
75 (b) score a composite ACT score of 26 or higher.
76 (5) To be eligible for the scholarship, a student:
77 (a) shall submit an application to the board with:
78 (i) an official college transcript showing college courses the student has completed to
79 complete the requirements for an associate degree; and
80 (ii) (A) if applicable, an official high school transcript; or
81 (B) if applicable, a copy of the student's ACT scores;
82 (b) shall be a citizen of the United States or a noncitizen who is eligible to receive
83 federal student aid;
84 (c) may not have a criminal record, with the exception of a misdemeanor traffic
85 citation; and
86 (d) if applicable, shall meet the application deadlines as established by the board under
87 Subsection (10).
88 (6) (a) The scholarship may be used at a:
89 (i) higher education institution within the state system of higher education that offers

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- 4 - 90 baccalaureate programs; or
91 (ii) private, nonprofit college or university in the state accredited by the Northwest
92 Association of Schools and Colleges that offers baccalaureate programs.
93 (b) For a student whose class graduates from high school in 2010 and who completes
94 the requirements under Subsection (3)(a) by September 1, 2010:
95 (i) if used at an institution described in Subsection (6)(a)(i), the value of the
96 scholarship is up to 75% of the tuition costs at the selected institution; or
97 (ii) if used at an institution described in Subsection (6)(a)(ii), the value of the
98 scholarship is up to 75% of the tuition costs at the institution, not to exceed 75% of the average
99 tuition costs at the institutions referred in Subsection (6)(a)(i).
100 (c) (i) For a student whose class graduates in 2011 or after and who completes the
101 requirements under this section, the total value of the scholarship is up to $5,000, allocated
102 over a time period described in Subsection (6)(d), as prescribed by the board.
103 (ii) The board may increase the scholarship amount described in Subsection (6)(c)(i) by
104 an amount not to exceed the average percentage tuition increase approved by the board for
105 institutions in the state system of higher education.
106 (d) The scholarship is valid for the shortest of the following time periods:
107 (i) two years of full-time equivalent enrollment;
108 (ii) 60 credit hours; or
109 (iii) until the student meets the requirements for a baccalaureate degree.
110 (e) (i) A scholarship holder shall enroll full-time at a higher education institution by no
111 later than the fall term immediately following the student's high school graduation date or
112 receive an approved deferral from the board.
113 (ii) The board may grant a deferral or leave of absence to a scholarship holder, but the
114 student may only receive scholarship money within five years of the student's high school
115 graduation date.
116 (7) (a) The board may cancel a New Century scholarship at any time if the student fails
117 to:
118 [(a)] (i) register as a full-time student;
119 [(b)] (ii) maintain at least a 3.0 grade point average for two consecutive semesters; or
120 [(c)] (iii) make reasonable progress towards the completion of a baccalaureate degree.

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Senate 3rd Reading Amendments 2-15-2013 lp/aos 121

(b) Beginning July 1, 2013, the board may cancel a New Century scholarship at any
122 time if the student fails to:
123 (i) register for at least 15 credit hours per semester;
124 (ii) maintain a 3.3 grade point average for two consecutive semesters; or
125 (iii) make reasonable progress towards the completion of a baccalaureate degree.
126 (8) (a) Subject to future budget constraints, the Legislature shall make an annual
127 appropriation from the General Fund to the board for the costs associated with the New
128 Century Scholarship Program authorized under this section.
129 (b) It is understood that the appropriation is offset in part by the state money that would
130 otherwise be required and appropriated for these students if they were enrolled in a four-year
131 postsecondary program at a state-operated institution.
132 (c) Notwithstanding Subsections (2)(a) and (6), if the appropriation under Subsection
133 (8)(a) is insufficient to cover the costs associated with the New Century Scholarship Program,
134 the board may reduce the scholarship amount.
135 (9) (a) The board shall adopt policies establishing an application process and an appeal
136 process for a New Century scholarship.
137 (b) The board shall disclose on all applications and related materials that the amount of
138 the scholarship is subject to funding and may be reduced, in accordance with Subsection (8)(c).
138a S. (c) The board shall require an applicant for a New Century scholarship to certify
138b under penalty of perjury that:
138c (i) the applicant is a United State citizen; or
138d (ii) the applicant is a noncitizen who is eligible to receive federal student aid.
138e (d) The certification under this Subsection (9) shall include a statement advising the
138f signer that providing false information subjects the signer to penalties for perjury. .S
139 (10) The board may set deadlines for receiving New Century scholarship applications
140 and supporting documentation.
141 (11) A student may not receive both a New Century scholarship and a Regents'
142 scholarship established in Section 53B-8-108 .
143 Section 2. Section 53B-8-109 is amended to read:
144 53B-8-109. Regents' Scholarship Program -- Base Regents' scholarship --
145 Qualifications -- Application.
146 (1) A student qualifies for a Base Regents' scholarship if the student:
147 (a) completes the high school graduation requirements of:
148 (i) a public school established by the State Board of Education and the student's school
149 district or charter school; or
150 (ii) a private high school in the state that is accredited by a regional accrediting body
151 approved by the board;

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Senate 3rd Reading Amendments 2-15-2013 lp/aos 152

(b) completes high school with at least a 3.0 cumulative grade point average;
153 (c) has at least one reported ACT test score; and
154 (d) (i) completes the following high school or college credit in grades 9-12:
155 (A) four units of credit of English;
156 (B) four units of credit of mathematics;
157 (C) three and one-half units of credit of social science;
158 (D) three units of credit of lab-based natural science; and
159 (E) two units of credit of sequential world or classical language other than English; and
160 (ii) except as provided in Subsection (4), earns a course grade on a transcript of "C" or
161 above in each individual course listed in Subsection (1)(d)(i).
162 (2) The board shall establish policies to determine specific courses that meet the
163 requirements under Subsection (1)(d)(i).
164 (3) To be eligible for the scholarship, a student:
165 (a) shall submit an application to the board with:
166 (i) a copy of the student's official high school transcript and ACT scores; and
167 (ii) if applicable, a college transcript showing a college course the student has
168 completed to meet the requirements of Subsection (1)(d);
169 (b) shall be a citizen of the United States or a noncitizen who is eligible to receive
170 federal student aid;
171 (c) may not have a criminal record, with the exception of a misdemeanor traffic
172 citation; and
173 (d) if applicable, shall meet the application deadlines as established by the board under
174 Subsection 53B-8-108 (9).
175 (4) For purposes of determining if a student meets the grade requirements of
176 Subsection (1)(d)(ii), the board shall assign additional weights to grades earned in courses
177 described in Subsection (1)(d)(i) that are advanced placement [ or ] , concurrent enrollment , or
178 International Baccalaureate program courses.
179 (5) (a) The amount of the Base Regents' scholarship is $1,000.
180 (b) The board may adjust the amount of the Base Regents' scholarship by up to a
181 percentage of the average percentage tuition increase approved by the board for institutions in
182 the system of higher education.
182a S. (6)(a) The board shall require an applicant for a Regents' scholarship to
182b certify under penalty of perjury that:
182c (i) the applicant is a United State citizen; or
182d (ii) the applicant is a noncitizen who is eligible to receive federal student aid.
182e (b) The certification under this Subsection (6) shall include a statement advising the
182f signer that providing false information subjects the signer to penalties for perjury. .S

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- 7 - 183 Section 3. Section 53B-8-111 is amended to read:
184 53B-8-111. Supplemental scholarship award -- Exemplary academic achievement
185 -- Regents' diploma.
186 (1) A student who qualifies for the Base Regents' scholarship in accordance with the
187 provisions of Section 53B-8-109 shall qualify for an additional Exemplary Academic
188 Achievement scholarship if the student:
189 (a) completes high school with a cumulative grade point average of 3.5 or higher;
190 (b) except as provided in Subsection (7), [completes the course of study described]
191 earns a course grade on a transcript of "B" or above in each individual course listed in
192 Subsection 53B-8-109 (1)(d)(i) [with no course grade on a transcript lower than a "B"]; and
193 (c) (i) scores a composite ACT score of 26 or higher; and
194 (ii) if determined by the board's policies, achieves additional ACT college readiness
195 benchmark scores in English, mathematics, reading, and science.
196 (2) For a student who graduates from high school in the 2009-10 school year:
197 (a) if used at a higher education institution described in Subsection 53B-8-108 (3)(a),
198 the value of an Exemplary Academic Achievement scholarship is up to 75% of the tuition costs
199 at the selected institution; or
200 (b) if used at a higher education institution described in Subsection 53B-8-108 (3)(b),
201 the value of an Exemplary Academic Achievement scholarship is up to 75% of the tuition costs
202 at the institution, not to exceed 75% of the average tuition costs at the institutions described in
203 Subsection 53B-8-108 (3)(a).
204 (3) (a) For a student who graduates from high school in or after the 2010-11 school
205 year, the total value of an Exemplary Academic Achievement scholarship is up to $5,000,
206 allocated over a time period described in Subsection (4), as prescribed by the board.
207 (b) The board may adjust the amount of the Exemplary Academic Achievement
208 scholarship by up to a percentage of the average percentage tuition increase approved by the
209 board for institutions in the state system of higher education.
210 (4) An Exemplary Academic Achievement scholarship is valid for the shortest of the
211 following time periods:
212 (a) two years of full-time equivalent enrollment;
213 (b) 65 credit hours; or

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- 8 - 214 (c) until the student meets the requirements for a baccalaureate degree.
215 (5) (a) The board may cancel an Exemplary Academic Achievement scholarship at any
216 time if the student fails to:
217 [(a)] (i) register as a full-time student;
218 [(b)] (ii) maintain a 3.0 grade point average for two consecutive semesters; or
219 [(c)] (iii) make reasonable progress towards the completion of a baccalaureate degree.
220 (b) Beginning July 1, 2013, the board may cancel an Exemplary Academic
221 Achievement scholarship at any time if the student fails to:
222 (i) register for at least 15 credit hours per semester;
223 (ii) maintain a 3.3 grade point average for two consecutive semesters; or
224 (iii) make reasonable progress towards the completion of a baccalaureate degree.
225 (6) A student who qualifies for the Exemplary Academic Achievement scholarship
226 under this section may also receive a Regents' diploma endorsement to be issued by the board.
227 (7) For purposes of determining if a student meets the grade requirements of
228 Subsection (1)(b), the board shall assign additional weights to grades earned in courses
229 described in Subsection 53B-8-109 (1)(d)(i) that are advanced placement [or], concurrent
230 enrollment, or International Baccalaureate program courses.
231 Section 4. Section 63G-12-402 is amended to read:
232 63G-12-402. Receipt of state, local, or federal public benefits -- Verification --
233 Exceptions -- Fraudulently obtaining benefits -- Criminal penalties -- Annual report.
234 (1) (a) Except as provided in Subsection (3) or when exempted by federal law, an
235 agency or political subdivision of the state shall verify the lawful presence in the United States
236 of an individual at least 18 years of age who applies for:
237 (i) a state or local public benefit as defined in 8 U.S.C. Sec. 1621; or
238 (ii) a federal public benefit as defined in 8 U.S.C. Sec. 1611, that is administered by an
239 agency or political subdivision of this state.
240 (b) For purpose of a license issued under Title 58, Chapter 55, Utah Construction
241 Trades Licensing Act, to an applicant that is an unincorporated entity, the Department of
242 Commerce shall verify in accordance with this Subsection (1) the lawful presence in the United
243 States of each individual who:
244 (i) owns an interest in the contractor that is an unincorporated entity; and

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- 9 - 245 (ii) engages, or will engage, in a construction trade in Utah as an owner of the
246 contractor described in Subsection (1)(b)(i).
247 (2) This section shall be enforced without regard to race, religion, gender, ethnicity, or
248 national origin.
249 (3) Verification of lawful presence under this section is not required for:
250 (a) any purpose for which lawful presence in the United States is not restricted by law,
251 ordinance, or regulation;
252 (b) assistance for health care items and services that:
253 (i) are necessary for the treatment of an emergency medical condition, as defined in 42
254 U.S.C. Sec. 1396b(v)(3), of the individual involved; and
255 (ii) are not related to an organ transplant procedure;
256 (c) short-term, noncash, in-kind emergency disaster relief;
257 (d) public health assistance for immunizations with respect to immunizable diseases
258 and for testing and treatment of symptoms of communicable diseases whether or not the
259 symptoms are caused by the communicable disease;
260 (e) programs, services, or assistance such as soup kitchens, crisis counseling and
261 intervention, and short-term shelter, specified by the United States Attorney General, in the
262 sole and unreviewable discretion of the United States Attorney General after consultation with
263 appropriate federal agencies and departments, that:
264 (i) deliver in-kind services at the community level, including through public or private
265 nonprofit agencies;
266 (ii) do not condition the provision of assistance, the amount of assistance provided, or
267 the cost of assistance provided on the income or resources of the individual recipient; and
268 (iii) are necessary for the protection of life or safety;
269 (f) the exemption for paying the nonresident portion of total tuition as set forth in
270 Section 53B-8-106 ;
271 (g) an applicant for a license under Section 61-1-4 , if the applicant:
272 (i) is registered with the Financial Industry Regulatory Authority; and
273 (ii) files an application with the state Division of Securities through the Central
274 Registration Depository;
275 (h) a state public benefit to be given to an individual under Title 49, Utah State

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Senate 2nd Reading Amendments 2-12-2013 lp/aos 276

Retirement and Insurance Benefit Act;
277 (i) a home loan that will be insured, guaranteed, or purchased by:
278 (i) the Federal Housing Administration, the Veterans Administration, or any other
279 federal agency; or
280 (ii) an enterprise as defined in 12 U.S.C. Sec. 4502;
281 (j) a subordinate loan or a grant that will be made to an applicant in connection with a
282 home loan that does not require verification under Subsection (3)(i); [and]
283 (k) an applicant for a license issued by the Department of Commerce or individual
284 described in Subsection (1)(b), if the applicant or individual provides the Department of
285 Commerce:
286 (i) certification, under penalty of perjury, that the applicant or individual is:
287 (A) a United States citizen;
288 (B) a qualified alien as defined in 8 U.S.C. Sec. 1641; or
289 (C) lawfully present in the United States; and
290 (ii) (A) the number assigned to a driver license or identification card issued under Title
291 53, Chapter 3, Uniform Driver License Act; or
292 (B) the number assigned to a driver license or identification card issued by a state other
293 than Utah if, as part of issuing the driver license or identification card, the state verifies an
294 individual's lawful presence in the United States[.]; S. [ [ ] and
295 (l) an applicant for:
296 (i) a Regents' scholarship described in Section 53B-8-109 ; or
297 (ii) a New Century scholarship described in Section 53B-8-105 . [ ] ] .S
298 (4) (a) An agency or political subdivision required to verify the lawful presence in the
299 United States of an applicant under this section shall require the applicant to certify under
300 penalty of perjury that:
301 (i) the applicant is a United States citizen; or
302 (ii) the applicant is:
303 (A) a qualified alien as defined in 8 U.S.C. Sec. 1641; and
304 (B) lawfully present in the United States.
305 (b) The certificate required under this Subsection (4) shall include a statement advising
306 the signer that providing false information subjects the signer to penalties for perjury.

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- 11 - 307 (5) An agency or political subdivision shall verify a certification required under
308 Subsection (4)(a)(ii) through the federal SAVE program.
309 (6) (a) An individual who knowingly and willfully makes a false, fictitious, or
310 fraudulent statement or representation in a certification under Subsection (3)(k) or (4) is subject
311 to the criminal penalties applicable in this state for:
312 (i) making a written false statement under Subsection 76-8-504 (2); and
313 (ii) fraudulently obtaining:
314 (A) public assistance program benefits under Sections 76-8-1205 and 76-8-1206 ; or
315 (B) unemployment compensation under Section 76-8-1301 .
316 (b) If the certification constitutes a false claim of United States citizenship under 18
317 U.S.C. Sec. 911, the agency or political subdivision shall file a complaint with the United
318 States Attorney General for the applicable district based upon the venue in which the
319 application was made.
320 (c) If an agency or political subdivision receives verification that a person making an
321 application for a benefit, service, or license is not a qualified alien, the agency or political
322 subdivision shall provide the information to the Office of the Attorney General unless
323 prohibited by federal mandate.
324 (7) An agency or political subdivision may adopt variations to the requirements of this
325 section that:
326 (a) clearly improve the efficiency of or reduce delay in the verification process; or
327 (b) provide for adjudication of unique individual circumstances where the verification
328 procedures in this section would impose an unusual hardship on a legal resident of Utah.
329 (8) It is unlawful for an agency or a political subdivision of this state to provide a state,
330 local, or federal benefit, as defined in 8 U.S.C. Sec. 1611 and 1621, in violation of this section.
331 (9) A state agency or department that administers a program of state or local public
332 benefits shall:
333 (a) provide an annual report to the governor, the president of the Senate, and the
334 speaker of the House regarding its compliance with this section; and
335 (b) (i) monitor the federal SAVE program for application verification errors and
336 significant delays;
337 (ii) provide an annual report on the errors and delays to ensure that the application of

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- 12 - 338 the federal SAVE program is not erroneously denying a state or local benefit to a legal resident
339 of the state; and
340 (iii) report delays and errors in the federal SAVE program to the United States
341 Department of Homeland Security.

Legislative Review Note
as of 2-1-13 3:59 PM

Office of Legislative Research and General Counsel

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