This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Feb 8, 2021 at 3:05 PM by lpoole.
1     
HIGHER EDUCATION SCHOLARSHIPS AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Derrin R. Owens

5     
House Sponsor: V. Lowry Snow

6     

7     LONG TITLE
8     General Description:
9          This bill provides for the Opportunity Scholarship Program and amends provisions
10     related to higher education scholarships.
11     Highlighted Provisions:
12          This bill:
13          ▸     forecloses new applications for a New Century scholarship after the current
14     academic year;
15          ▸     expands the eligibility and extends the availability of technical education
16     scholarships;
17          ▸     replaces the Regents' Scholarship Program with the Opportunity Scholarship
18     Program for degree-granting institutions and amends related provisions;
19          ▸     repeals certain repeal dates; 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-1-301, as last amended by Laws of Utah 2020, Chapters 365 and 403
28          53B-8-105, as last amended by Laws of Utah 2020, Chapters 196 and 386
29          53B-8-115, as last amended by Laws of Utah 2020, Chapter 196
30          53B-8-201, as last amended by Laws of Utah 2020, Chapters 365 and 445
31          63G-12-402, as last amended by Laws of Utah 2019, Chapter 444
32          63I-2-253, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 13
33     REPEALS:
34          53B-2a-116, as last amended by Laws of Utah 2020, Chapter 365
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 53B-1-301 is amended to read:
38          53B-1-301. Reports to and actions of the Higher Education Appropriations
39     Subcommittee.
40          (1) In accordance with applicable provisions and Section 68-3-14, the following
41     recurring reports are due to the Higher Education Appropriations Subcommittee:
42          (a) the reports described in Sections 34A-2-202.5, 53B-17-804, and 59-9-102.5 by the
43     Rocky Mountain Center for Occupational and Environmental Health;
44          (b) the report described in Section 53B-7-101 by the board on recommended
45     appropriations for higher education institutions, including the report described in Section
46     53B-8-104 by the board on the effects of offering nonresident partial tuition scholarships;
47          (c) the report described in Section 53B-7-704 by the Department of Workforce
48     Services and the Governor's Office of Economic Development on targeted jobs;
49          (d) the reports described in Section 53B-7-705 by the board on performance;
50          (e) the report described in Section 53B-8-201 by the board on the [Regents']
51     Opportunity Scholarship Program;
52          (f) the report described in Section 53B-8-303 by the board regarding Access Utah
53     promise scholarships;
54          (g) the report described in Section 53B-8d-104 by the Division of Child and Family
55     Services on tuition waivers for wards of the state;
56          (h) the report described in Section 53B-12-107 by the Utah Higher Education
57     Assistance Authority;
58          (i) the report described in Section 53B-13a-104 by the board on the Success Stipend
59     Program;
60          (j) the report described in Section 53B-17-201 by the University of Utah regarding the
61     Miners' Hospital for Disabled Miners;
62          (k) the report described in Section 53B-26-103 by the Governor's Office of Economic
63     Development on high demand technical jobs projected to support economic growth;
64          (l) the report described in Section 53B-26-202 by the Medical Education Council on
65     projected demand for nursing professionals; and
66          (m) the report described in Section 53E-10-308 by the State Board of Education and
67     board on student participation in the concurrent enrollment program.
68          (2) In accordance with applicable provisions and Section 68-3-14, the following
69     occasional reports are due to the Higher Education Appropriations Subcommittee:
70          (a) upon request, the information described in Section 53B-8a-111 submitted by the
71     Utah Educational Savings Plan;
72          (b) as described in Section 53B-26-103, a proposal by an eligible partnership related to
73     workforce needs for technical jobs projected to support economic growth;
74          (c) a proposal described in Section 53B-26-202 by an eligible program to respond to
75     projected demand for nursing professionals;
76          (d) a report in 2023 from Utah Valley University and the Utah Fire Prevention Board
77     on the fire and rescue training program described in Section 53B-29-202; and
78          (e) the reports described in Section 63C-19-202 by the Higher Education Strategic
79     Planning Commission on the commission's progress.
80          (3) In accordance with applicable provisions, the Higher Education Appropriations
81     Subcommittee shall complete the following:
82          (a) as required by Section 53B-7-703, the review of performance funding described in
83     Section 53B-7-703;
84          (b) the review described in Section 53B-7-705 of the implementation of performance
85     funding;
86          (c) an appropriation recommendation described in Section 53B-26-103 to fund a
87     proposal responding to workforce needs of a strategic industry cluster;
88          (d) an appropriation recommendation described in Section 53B-26-202 to fund a
89     proposal responding to projected demand for nursing professionals; and
90          (e) review of the report described in Section 63B-10-301 by the University of Utah on
91     the status of a bond and bond payments specified in Section 63B-10-301.
92          Section 2. Section 53B-8-105 is amended to read:
93          53B-8-105. New Century scholarships -- High school requirements.
94          (1) Notwithstanding the provisions of this section, the board may not accept a new
95     application for a scholarship described in this section on or after Ŝ→ [May 15,] August 15, ←Ŝ
95a      2021.
96          [(1)] (2) As used in this section:
97          (a) "Complete the requirements for an associate degree" means that a student:
98          (i) (A) completes all the required courses for an associate degree from a higher
99     education institution within the state system of higher education that offers associate degrees;
100     and
101          (B) applies for the associate degree from the institution; or
102          (ii) completes equivalent requirements described in Subsection [(1)] (2)(a)(i)(A) from a
103     higher education institution within the state system of higher education that offers
104     baccalaureate degrees but does not offer associate degrees.
105          (b) "Fee" means a fee approved by the board.
106          [(2)] (3) (a) The board shall award New Century scholarships.
107          (b) The board shall develop and approve the math and science curriculum described
108     under Subsection [(3)] (4)(a)(ii).
109          [(3)] (4) (a) In order to qualify for a New Century scholarship, a student in Utah
110     schools shall complete the requirements for an:
111          (i) associate degree; or
112          (ii) approved math and science curriculum.
113          (b) The requirements under Subsection [(3)] (4)(a) shall be completed:
114          (i) by the day on which the student's class graduates from high school; and
115          (ii) with at least a 3.0 grade point average.
116          (c) In addition to the requirements in Subsection [(3)] (4)(a), a student in Utah shall:
117          (i) complete the high school graduation requirements of:
118          (A) a public high school established by the State Board of Education and the student's
119     school district or charter school; or
120          (B) a private high school in the state that is accredited by a regional accrediting body
121     approved by the board; and
122          (ii) complete high school with at least a 3.5 cumulative high school grade point
123     average.
124          [(4)] (5) Notwithstanding Subsection [(3)] (4), for a student who does not receive a
125     high school grade point average, the student shall:
126          (a) complete the requirements for an associate degree:
127          (i) by June 15 of the year the student completes high school; and
128          (ii) with at least a 3.0 grade point average; and
129          (b) score a composite ACT score of 26 or higher.
130          [(5)] (6) (a) To be eligible for the scholarship, a student:
131          (i) shall submit an application to the board with:
132          (A) an official college transcript showing college courses the student has completed to
133     complete the requirements for an associate degree; and
134          (B) if applicable, an official high school transcript or, if applicable, a copy of the
135     student's ACT scores;
136          (ii) shall be a citizen of the United States or a noncitizen who is eligible to receive
137     federal student aid;
138          (iii) if applicable, shall meet the application deadlines as established by the board under
139     Subsection [(10)] (11); and
140          (iv) shall demonstrate, in accordance with rules described in Subsection [(5)] (6)(b),
141     the completion of a Free Application for Federal Student Aid.
142          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
143     board shall make rules regarding the completion of the Free Application for Federal Student
144     Aid described in Subsection [(5)] (6)(a)(iv), including:
145          (i) provisions for students or parents to opt out of the requirement due to:
146          (A) financial ineligibility for any potential grant or other financial aid;
147          (B) personal privacy concerns; or
148          (C) other reasons the board specifies; and
149          (ii) direction for applicants to financial aid advisors.
150          [(6)] (7) (a) The scholarship may be used at a:
151          (i) higher education institution within the state system of higher education that offers
152     baccalaureate programs; or
153          (ii) if the scholarship holder applies for the scholarship on or before October 1, 2019,
154     private, nonprofit college or university in the state accredited by the Northwest Association of
155     Schools and Colleges that offers baccalaureate programs.
156          (b) (i) Subject to Subsection [(6)] (7)(e), the total value of the scholarship is up to
157     $5,000, allocated over a time period described in Subsection [(6)] (7)(c), as prescribed by the
158     board.
159          (ii) The board may increase the scholarship amount described in Subsection [(6)]
160     (7)(b)(i) by an amount not to exceed the average percentage tuition increase approved by the
161     board for institutions in the state system of higher education.
162          (c) The scholarship is valid for the shortest of the following time periods:
163          (i) two years of full-time equivalent enrollment;
164          (ii) 60 credit hours; or
165          (iii) until the student meets the requirements for a baccalaureate degree.
166          (d) (i) A scholarship holder shall enroll full-time at a higher education institution by no
167     later than the fall term immediately following the student's high school graduation date or
168     receive an approved deferral from the board.
169          (ii) The board may grant a deferral or leave of absence to a scholarship holder, but the
170     scholarship holder may only receive scholarship money within five years of the student's high
171     school graduation date.
172          (e) For a scholarship for which a student applies after October 1, 2019:
173          (i) the board shall reduce the amount of the scholarship holder's scholarship so that the
174     total amount of state aid awarded to the scholarship holder, including tuition or fee waivers or
175     the scholarship, does not exceed the cost of the scholarship holder's tuition and fees; and
176          (ii) the scholarship holder may only use the scholarship for tuition and fees.
177          [(7)] (8) The board may cancel a New Century scholarship at any time if the student
178     fails to:
179          (a) register for at least 15 credit hours per semester;
180          (b) maintain a 3.3 grade point average for two consecutive semesters; or
181          (c) make reasonable progress toward the completion of a baccalaureate degree.
182          [(8)] (9) (a) Subject to future budget constraints, the Legislature shall make an annual
183     appropriation from the General Fund to the board for the costs associated with the New
184     Century Scholarship Program authorized under this section.
185          (b) It is understood that the appropriation is offset in part by the state money that would
186     otherwise be required and appropriated for these students if they were enrolled in a four-year
187     postsecondary program at a state-operated institution.
188          (c) Notwithstanding Subsections [(2)] (3)(a) and [(6)] (7), if the appropriation under
189     Subsection [(8)] (9)(a) is insufficient to cover the costs associated with the New Century
190     Scholarship Program, the board may reduce the scholarship amount.
191          (d) If money appropriated under this section is available after New Century
192     scholarships are awarded, the board shall use the money for the Access Utah Promise
193     Scholarship Program created in Section 53B-8-302.
194          [(9)] (10) (a) The board shall adopt policies establishing an application process and an
195     appeal process for a New Century scholarship.
196          (b) The board shall disclose on all applications and related materials that the amount of
197     the scholarship is subject to funding and may be reduced, in accordance with Subsection [(8)]
198     (9)(c).
199          (c) The board shall require an applicant for a New Century scholarship to certify under
200     penalty of perjury that:
201          (i) the applicant is a United States citizen; or
202          (ii) the applicant is a noncitizen who is eligible to receive federal student aid.
203          (d) The certification under this Subsection [(9)] (10) shall include a statement advising
204     the signer that providing false information subjects the signer to penalties for perjury.
205          [(10)] (11) The board may set deadlines for receiving New Century scholarship
206     applications and supporting documentation.
207          [(11)] (12) A student may not receive both a New Century scholarship and [a Regents']
208     an Opportunity scholarship established in [Part 2, Regents' Scholarship Program] Part 2,
209     Opportunity Scholarship Program.
210          Section 3. Section 53B-8-115 is amended to read:
211          53B-8-115. Technical education scholarships.
212          (1) As used in this section:
213          (a) "Eligible institution" means:
214          (i) Salt Lake Community College's School of Applied Technology established in
215     Section 53B-16-209;
216          (ii) Snow College;
217          (iii) Utah State University Eastern established in Section 53B-18-1201;
218          (iv) Utah State University Blanding established in Section 53B-18-1202; [or]
219          (v) the Utah State University regional campus located at or near Moab described in
220     Section 53B-18-301[.]; or
221          (vi) a technical college.
222          (b) "High demand program" means a [noncredit career and] technical education
223     program that:
224          (i) is offered by an eligible institution;
225          (ii) leads to a certificate; and
226          (iii) is designated by the board in accordance with Subsection (6).
227          (c) "Scholarship" means a [career and] technical education scholarship described in
228     this section.
229          (2) Subject to future budget constraints, the Legislature shall annually appropriate
230     money to the board to be distributed to eligible institutions to award [career and] technical
231     education scholarships.
232          (3) In accordance with the rules described in Subsection (5), an eligible institution may
233     award a scholarship to an individual who:
234          (a) is enrolled in, or intends to enroll in, a high demand program; and
235          (b) demonstrates, in accordance with rules described in Subsection (5)(b), the
236     completion of a Free Application for Federal Student Aid.
237          (4) (a) An eligible institution may award a scholarship for an amount of money up to
238     the total cost of tuition, fees, and required textbooks for the high demand program in which the
239     scholarship recipient is enrolled or intends to enroll.
240          (b) An eligible institution may award a scholarship to a scholarship recipient for up to
241     [two] three academic years.
242          (c) An eligible institution may cancel a scholarship if the scholarship recipient does
243     not:
244          (i) maintain enrollment in the eligible institution on at least a half time basis, as
245     determined by the eligible institution; or
246          (ii) make satisfactory progress toward the completion of a certificate.
247          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
248     board shall make rules:
249          (a) that establish:
250          (i) how state funding available for scholarships is divided among eligible institutions;
251          (ii) requirements related to an eligible institution's administration of a scholarship;
252          (iii) requirements related to eligibility for a scholarship, including requiring eligible
253     institutions to prioritize scholarships for underserved populations;
254          (iv) a process for an individual to apply to an eligible institution to receive a
255     scholarship; and
256          (v) how to determine satisfactory progress described in Subsection (4)(c)(ii); and
257          (b) regarding the completion of the Free Application for Federal Student Aid described
258     in Subsection (3)(b), including:
259          (i) provisions for students or parents to opt out of the requirement due to:
260          (A) financial ineligibility for any potential grant or other financial aid;
261          (B) personal privacy concerns; or
262          (C) other reasons the board specifies; and
263          (ii) direction for applicants to financial aid advisors.
264          (6) Every other year, after consulting with the Department of Workforce Services, the
265     board shall designate, as a high demand program, a [noncredit career and] technical education
266     program that prepares an individual to work in a job that has, in Utah:
267          (a) high employer demand and high median hourly wages; or
268          (b) significant industry importance.
269          Section 4. Section 53B-8-201 is amended to read:
270          53B-8-201. Opportunity Scholarship Program.
271          (1) As used in this section:
272          (a) "Eligible institution" means:
273          (i) [an] a degree-granting institution of higher education within the state system of
274     higher education [described in Section 53B-1-102]; or
275          (ii) a private, nonprofit college or university in the state that is accredited by the
276     Northwest Commission on Colleges and Universities.
277          (b) "Eligible student" means a student who:
278          (i) applies to the board in accordance with the rules described in Subsection [(6)] (5);
279          (ii) is enrolled in an eligible institution; and
280          (iii) meets the criteria established by the board in rules described in Subsection [(6)]
281     (5).
282          (c) "Fee" means:
283          (i) for an eligible institution that is a degree-granting institution, a fee approved by the
284     board; or
285          (ii) for an eligible institution that is a technical college, a fee approved by the eligible
286     institution.
287          (d) "Program" means the [Regents'] Opportunity Scholarship Program described in this
288     section.
289          [(2) (a) A student who graduates from high school after July 1, 2018:]
290          [(i) may receive a Regents' scholarship in accordance with this section; and]
291          [(ii) may not receive a scholarship in accordance with Sections 53B-8-202 through
292     53B-8-205.]
293          [(b) A student who graduates from high school on or before July 1, 2018:]
294          [(i) may receive a scholarship in accordance with Sections 53B-8-202 through
295     53B-8-205; and]
296          [(ii) may not receive a Regents' scholarship in accordance with this section.]
297          [(3)] (2) (a) Subject to legislative appropriations, [beginning with an appropriation for
298     fiscal year 2019,] the board shall annually distribute money for the [Regents'] Opportunity
299     Scholarship Program described in this section to each eligible institution to award as [Regents']
300     Opportunity scholarships to eligible students.
301          (b) The board shall annually determine the amount of [a Regents'] an Opportunity
302     scholarship based on:
303          (i) the number of eligible students in the state; and
304          (ii) money available for the program.
305          [(c) (i) Subject to Subsection (3)(c)(ii), the board shall annually determine the total
306     amount of money to distribute to an eligible institution based on the eligible institution's share
307     of all eligible students in the state.]
308          [(ii) The board may not allocate a percentage of a legislative appropriation for Regents'
309     scholarships to any one eligible institution described in Subsection (1)(a)(ii) that is greater than
310     the highest percentage of the legislative appropriation that the board allocates to an eligible
311     institution described in Subsection (1)(a)(i).]
312          [(4)] (3) (a) Except as provided in this Subsection [(4)] (3), an eligible institution shall
313     provide to an eligible student [a Regents'] an Opportunity scholarship in the amount
314     determined by the board described in Subsection [(3)] (2)(b).
315          (b) For [a Regents'] an Opportunity scholarship for which an eligible student applies on
316     or before July 1, 2019, an eligible institution may reduce the amount of the [Regents']
317     Opportunity scholarship based on other state aid awarded to the eligible student for tuition and
318     fees.
319          (c) For [a Regents'] an Opportunity scholarship for which an eligible student applies
320     after July 1, 2019:
321          (i) an eligible institution shall reduce the amount of the [Regents'] Opportunity
322     scholarship so that the total amount of state aid awarded to the eligible student, including
323     tuition or fee waivers and the [Regents'] Opportunity scholarship, does not exceed the cost of
324     the eligible student's tuition and fees; and
325          (ii) the eligible student may only use the [Regents'] Opportunity scholarship for tuition
326     and fees.
327          (d) An institution described in Subsection (1)(a)(ii) may not award [a Regents'] an
328     Opportunity scholarship to an eligible student in an amount that exceeds the average total cost
329     of tuition and fees among the eligible institutions described in Subsection (1)(a)(i).
330          (e) If the allocation for an eligible institution described in Subsection (1)(a)(ii) is
331     insufficient to provide the amount described in Subsection [(3)] (2)(b) to each eligible student,
332     the eligible institution may reduce the amount of [a Regents'] an Opportunity scholarship.
333          [(5)] (4) The board may:
334          (a) audit an eligible institution's administration of [Regents'] Opportunity scholarships;
335          (b) require an eligible institution to repay to the board money distributed to the eligible
336     institution under this section that is not provided to an eligible student as [a Regents'] an
337     Opportunity scholarship; and
338          (c) require an eligible institution to enter into a written agreement with the board in
339     which the eligible institution agrees to provide the board with access to information and data
340     necessary for the purposes of the program.
341          [(6)] (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
342     Act, the board shall make rules that establish:
343          (a) requirements related to an eligible institution's administration of [Regents']
344     Opportunity scholarships;
345          (b) a process for a student to apply to the board to determine the student's eligibility for
346     [a Regents'] an Opportunity scholarship;
347          (c) criteria to determine a student's eligibility for [a Regents'] an Opportunity
348     scholarship, including:
349          (i) minimum secondary education academic performance standards; and
350          [(ii) the completion of secondary core curriculum and graduation requirements;]
351          [(iii)] (ii) the completion of a Free Application for Federal Student Aid; Ŝ→ [and] ←Ŝ
352          [(iv) need-based measures that address college affordability and access; and]
353          [(v) minimum enrollment requirements in an eligible institution; and]
354          (d) a requirement for each eligible institution to annually report to the board on all
355     [Regents'] Opportunity scholarships awarded by the eligible institution Ŝ→ [.] ; and
355a     (e) a process for a student to apply to the board for an Opportunity scholarship who would
355b     have likely received the scholarship but for an irreconcilable error in the application process
355c     described in Subsection (5)(b). ←Ŝ
356          [(7)] (6) The board shall annually report on the program to the Higher Education
357     Appropriations Subcommittee.
358          [(8) (a)] (7) The State Board of Education, a school district, or a public high school
359     shall cooperate with the board and eligible institutions to facilitate the program, including by
360     exchanging relevant data where allowed by law.
361          [(b) The State Board of Education shall annually provide to the board a list of directory
362     information, including name and address, for each grade 8 student in the state.]
363          [(9) If money appropriated under this section is available after Regents' scholarships
364     are awarded, the board shall use the money for the Access Utah Promise Scholarship Program
365     created in Section 53B-8-302].
366          Section 5. Section 63G-12-402 is amended to read:
367          63G-12-402. Receipt of state, local, or federal public benefits -- Verification --
368     Exceptions -- Fraudulently obtaining benefits -- Criminal penalties -- Annual report.
369          (1) (a) Except as provided in Subsection (3) or when exempted by federal law, an
370     agency or political subdivision of the state shall verify the lawful presence in the United States
371     of an individual at least 18 years of age who applies for:
372          (i) a state or local public benefit as defined in 8 U.S.C. Sec. 1621; or
373          (ii) a federal public benefit as defined in 8 U.S.C. Sec. 1611, that is administered by an
374     agency or political subdivision of this state.
375          (b) For purpose of a license issued under Title 58, Chapter 55, Utah Construction
376     Trades Licensing Act, to an applicant that is an unincorporated entity, the Department of
377     Commerce shall verify in accordance with this Subsection (1) the lawful presence in the United
378     States of each individual who:
379          (i) owns an interest in the contractor that is an unincorporated entity; and
380          (ii) engages, or will engage, in a construction trade in Utah as an owner of the
381     contractor described in Subsection (1)(b)(i).
382          (2) This section shall be enforced without regard to race, religion, gender, ethnicity, or
383     national origin.
384          (3) Verification of lawful presence under this section is not required for:
385          (a) any purpose for which lawful presence in the United States is not restricted by law,
386     ordinance, or regulation;
387          (b) assistance for health care items and services that:
388          (i) are necessary for the treatment of an emergency medical condition, as defined in 42
389     U.S.C. Sec. 1396b(v)(3), of the individual involved; and
390          (ii) are not related to an organ transplant procedure;
391          (c) short-term, noncash, in-kind emergency disaster relief;
392          (d) public health assistance for immunizations with respect to immunizable diseases
393     and for testing and treatment of symptoms of communicable diseases whether or not the
394     symptoms are caused by the communicable disease;
395          (e) programs, services, or assistance such as soup kitchens, crisis counseling and
396     intervention, and short-term shelter, specified by the United States Attorney General, in the
397     sole and unreviewable discretion of the United States Attorney General after consultation with
398     appropriate federal agencies and departments, that:
399          (i) deliver in-kind services at the community level, including through public or private
400     nonprofit agencies;
401          (ii) do not condition the provision of assistance, the amount of assistance provided, or
402     the cost of assistance provided on the income or resources of the individual recipient; and
403          (iii) are necessary for the protection of life or safety;
404          (f) the exemption for paying the nonresident portion of total tuition as set forth in
405     Section 53B-8-106;
406          (g) an applicant for a license under Section 61-1-4, if the applicant:
407          (i) is registered with the Financial Industry Regulatory Authority; and
408          (ii) files an application with the state Division of Securities through the Central
409     Registration Depository;
410          (h) a state public benefit to be given to an individual under Title 49, Utah State
411     Retirement and Insurance Benefit Act;
412          (i) a home loan that will be insured, guaranteed, or purchased by:
413          (i) the Federal Housing Administration, the Veterans Administration, or any other
414     federal agency; or
415          (ii) an enterprise as defined in 12 U.S.C. Sec. 4502;
416          (j) a subordinate loan or a grant that will be made to an applicant in connection with a
417     home loan that does not require verification under Subsection (3)(i);
418          (k) an applicant for a license issued by the Department of Commerce or individual
419     described in Subsection (1)(b), if the applicant or individual provides the Department of
420     Commerce:
421          (i) certification, under penalty of perjury, that the applicant or individual is:
422          (A) a United States citizen;
423          (B) a qualified alien as defined in 8 U.S.C. Sec. 1641; or
424          (C) lawfully present in the United States; and
425          (ii) (A) the number assigned to a driver license or identification card issued under Title
426     53, Chapter 3, Uniform Driver License Act; or
427          (B) the number assigned to a driver license or identification card issued by a state other
428     than Utah if, as part of issuing the driver license or identification card, the state verifies an
429     individual's lawful presence in the United States; and
430          (l) an applicant for:
431          (i) [a Regents'] an Opportunity scholarship described in [Title 53B, Chapter 8, Part 2,
432     Regents' Scholarship Program] Title 53B, Chapter 8, Part 2, Opportunity Scholarship Program;
433          (ii) a New Century scholarship described in Section 53B-8-105;
434          (iii) a promise scholarship described in Section 53B-8-303; or
435          (iv) a [privately funded] scholarship:
436          (A) for an individual who is a graduate of a high school located within Utah; and
437          (B) administered by an institution of higher education as defined in Section 53B-2-101.
438          (4) (a) An agency or political subdivision required to verify the lawful presence in the
439     United States of an applicant under this section shall require the applicant to certify under
440     penalty of perjury that:
441          (i) the applicant is a United States citizen; or
442          (ii) the applicant is:
443          (A) a qualified alien as defined in 8 U.S.C. Sec. 1641; and
444          (B) lawfully present in the United States.
445          (b) The certificate required under this Subsection (4) shall include a statement advising
446     the signer that providing false information subjects the signer to penalties for perjury.
447          (5) An agency or political subdivision shall verify a certification required under
448     Subsection (4)(a)(ii) through the federal SAVE program.
449          (6) (a) An individual who knowingly and willfully makes a false, fictitious, or
450     fraudulent statement or representation in a certification under Subsection (3)(k) or (4) is subject
451     to the criminal penalties applicable in this state for:
452          (i) making a written false statement under Subsection 76-8-504(2); and
453          (ii) fraudulently obtaining:
454          (A) public assistance program benefits under Sections 76-8-1205 and 76-8-1206; or
455          (B) unemployment compensation under Section 76-8-1301.
456          (b) If the certification constitutes a false claim of United States citizenship under 18
457     U.S.C. Sec. 911, the agency or political subdivision shall file a complaint with the United
458     States Attorney General for the applicable district based upon the venue in which the
459     application was made.
460          (c) If an agency or political subdivision receives verification that a person making an
461     application for a benefit, service, or license is not a qualified alien, the agency or political
462     subdivision shall provide the information to the Office of the Attorney General unless
463     prohibited by federal mandate.
464          (7) An agency or political subdivision may adopt variations to the requirements of this
465     section that:
466          (a) clearly improve the efficiency of or reduce delay in the verification process; or
467          (b) provide for adjudication of unique individual circumstances where the verification
468     procedures in this section would impose an unusual hardship on a legal resident of Utah.
469          (8) It is unlawful for an agency or a political subdivision of this state to provide a state,
470     local, or federal benefit, as defined in 8 U.S.C. Sec. 1611 and 1621, in violation of this section.
471          (9) A state agency or department that administers a program of state or local public
472     benefits shall:
473          (a) provide an annual report to the governor, the president of the Senate, and the
474     speaker of the House regarding its compliance with this section; and
475          (b) (i) monitor the federal SAVE program for application verification errors and
476     significant delays;
477          (ii) provide an annual report on the errors and delays to ensure that the application of
478     the federal SAVE program is not erroneously denying a state or local benefit to a legal resident
479     of the state; and
480          (iii) report delays and errors in the federal SAVE program to the United States
481     Department of Homeland Security.
482          Section 6. Section 63I-2-253 is amended to read:
483          63I-2-253. Repeal dates -- Titles 53 through 53G.
484          (1) (a) Section 53-2a-217, regarding procurement during an epidemic or pandemic
485     emergency, is repealed on December 31, 2021.
486          (b) When repealing Section 53-2a-217, the Office of Legislative Research and General
487     Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
488     necessary changes to subsection numbering and cross references.
489          (2) Section 53B-2a-103 is repealed July 1, 2021.
490          (3) Section 53B-2a-104 is repealed July 1, 2021.
491          (4) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
492     technical college board of trustees, is repealed July 1, 2022.
493          (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
494     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
495     necessary changes to subsection numbering and cross references.
496          (5) Section 53B-6-105.7 is repealed July 1, 2024.
497          (6) (a) Subsection 53B-7-705(6)(b)(ii)(A), the language that states "Except as provided
498     in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
499          (b) Subsection 53B-7-705(6)(b)(ii)(B), regarding comparing a technical college's
500     change in performance with the technical college's average performance, is repealed July 1,
501     2021.
502          (7) (a) Subsection 53B-7-707(3)(a)(ii), the language that states "Except as provided in
503     Subsection (3)(b)," is repealed July 1, 2021.
504          (b) Subsection 53B-7-707(3)(b), regarding performance data of a technical college
505     during a fiscal year before fiscal year 2020, is repealed July 1, 2021.
506          (8) Section 53B-8-114 is repealed July 1, 2024.
507          (9) [(a)] The following sections, regarding the Regents' scholarship program, are
508     repealed on July 1, 2023:
509          [(i)] (a) Section 53B-8-202;
510          [(ii)] (b) Section 53B-8-203;
511          [(iii)] (c) Section 53B-8-204; and
512          [(iv)] (d) Section 53B-8-205.
513          [(b) (i) Subsection 53B-8-201(2), regarding the Regents' scholarship program for
514     students who graduate from high school before fiscal year 2019, is repealed on July 1, 2023.]
515          [(ii) When repealing Subsection 53B-8-201(2), the Office of Legislative Research and
516     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
517     necessary changes to subsection numbering and cross references.]
518          (10) Section 53B-10-101 is repealed on July 1, 2027.
519          (11) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
520     repealed July 1, 2023.
521          (12) Section 53E-3-519 regarding school counselor services is repealed July 1, 2020.
522          (13) Section 53E-3-520 is repealed July 1, 2021.
523          (14) Subsection 53E-5-306(3)(b)(ii)(B), related to improving school performance and
524     continued funding relating to the School Recognition and Reward Program, is repealed July 1,
525     2020.
526          (15) Section 53E-5-307 is repealed July 1, 2020.
527          (16) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed July 1,
528     2024.
529          (17) In Subsections 53F-2-205(4) and (5), regarding the State Board of Education's
530     duties if contributions from the minimum basic tax rate are overestimated or underestimated,
531     the language that states "or 53F-2-301.5, as applicable" is repealed July 1, 2023.
532          (18) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
533     repealed July 1, 2023.
534          (19) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
535     applicable" is repealed July 1, 2023.
536          (20) Section 53F-4-207 is repealed July 1, 2022.
537          (21) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
538     applicable" is repealed July 1, 2023.
539          (22) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
540     applicable" is repealed July 1, 2023.
541          (23) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
542     applicable" is repealed July 1, 2023.
543          (24) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5, as
544     applicable" is repealed July 1, 2023.
545          (25) Subsections 53G-10-204(1)(c) through (e), and Subsection 53G-10-204(7), related
546     to the civics engagement pilot program, are repealed on July 1, 2023.
547          (26) On July 1, 2023, when making changes in this section, the Office of Legislative
548     Research and General Counsel shall, in addition to the office's authority under Subsection
549     36-12-12(3), make corrections necessary to ensure that sections and subsections identified in
550     this section are complete sentences and accurately reflect the office's perception of the
551     Legislature's intent.
552          Section 7. Repealer.
553          This bill repeals:
554          Section 53B-2a-116, Technical college scholarships.