Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 253 (2015GS)

Sponsor

Sen. Jenkins, S.

Final action

Governor Signed 3/30/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• exempts certain publicly funded scholarships from verification requirements; and
• makes technical changes.

Every vote on this bill

Bill text

EXCEPTIONS FOR PRIVATELY FUNDED SCHOLARSHIPS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott K. Jenkins
House Sponsor: 
Brad L. Dee
LONG TITLE
General Description:
This bill modifies provisions related to verification requirements for receipt of state,
local, or federal public benefits.
Highlighted Provisions:
This bill:
▸ exempts certain publicly funded scholarships from verification requirements; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63G-12-402
, as last amended by Laws of Utah 2013, Chapter 64
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63G-12-402
 is amended to read:
63G-12-402.
Receipt of state, local, or federal public benefits -- Verification --
Exceptions -- Fraudulently obtaining benefits -- Criminal penalties -- Annual report.
(1) (a) Except as provided in Subsection (3) or when exempted by federal law, an
agency or political subdivision of the state shall verify the lawful presence in the United States
of an individual at least 18 years of age who applies for:
(i) a state or local public benefit as defined in 8 U.S.C. Sec. 1621; or
(ii) a federal public benefit as defined in 8 U.S.C. Sec. 1611, that is administered by an
agency or political subdivision of this state.
(b) For purpose of a license issued under Title 58, Chapter 55, Utah Construction
Trades Licensing Act, to an applicant that is an unincorporated entity, the Department of
Commerce shall verify in accordance with this Subsection (1) the lawful presence in the United
States of each individual who:
(i) owns an interest in the contractor that is an unincorporated entity; and
(ii) engages, or will engage, in a construction trade in Utah as an owner of the
contractor described in Subsection (1)(b)(i).
(2) This section shall be enforced without regard to race, religion, gender, ethnicity, or
national origin.
(3) Verification of lawful presence under this section is not required for:
(a) any purpose for which lawful presence in the United States is not restricted by law,
ordinance, or regulation;
(b) assistance for health care items and services that:
(i) are necessary for the treatment of an emergency medical condition, as defined in 42
U.S.C. Sec. 1396b(v)(3), of the individual involved; and
(ii) are not related to an organ transplant procedure;
(c) short-term, noncash, in-kind emergency disaster relief;
(d) public health assistance for immunizations with respect to immunizable diseases
and for testing and treatment of symptoms of communicable diseases whether or not the
symptoms are caused by the communicable disease;
(e) programs, services, or assistance such as soup kitchens, crisis counseling and
intervention, and short-term shelter, specified by the United States Attorney General, in the
sole and unreviewable discretion of the United States Attorney General after consultation with
appropriate federal agencies and departments, that:
(i) deliver in-kind services at the community level, including through public or private
nonprofit agencies;
(ii) do not condition the provision of assistance, the amount of assistance provided, or
the cost of assistance provided on the income or resources of the individual recipient; and
(iii) are necessary for the protection of life or safety;
(f) the exemption for paying the nonresident portion of total tuition as set forth in
Section 
53B-8-106
;
(g) an applicant for a license under Section 
61-1-4
, if the applicant:
(i) is registered with the Financial Industry Regulatory Authority; and
(ii) files an application with the state Division of Securities through the Central
Registration Depository;
(h) a state public benefit to be given to an individual under Title 49, Utah State
Retirement and Insurance Benefit Act;
(i) a home loan that will be insured, guaranteed, or purchased by:
(i) the Federal Housing Administration, the Veterans Administration, or any other
federal agency; or
(ii) an enterprise as defined in 12 U.S.C. Sec. 4502;
(j) a subordinate loan or a grant that will be made to an applicant in connection with a
home loan that does not require verification under Subsection (3)(i);
(k) an applicant for a license issued by the Department of Commerce or individual
described in Subsection (1)(b), if the applicant or individual provides the Department of
Commerce:
(i) certification, under penalty of perjury, that the applicant or individual is:
(A) a United States citizen;
(B) a qualified alien as defined in 8 U.S.C. Sec. 1641; or
(C) lawfully present in the United States; and
(ii) (A) the number assigned to a driver license or identification card issued under Title
53, Chapter 3, Uniform Driver License Act; or
(B) the number assigned to a driver license or identification card issued by a state other
than Utah if, as part of issuing the driver license or identification card, the state verifies an
individual's lawful presence in the United States; and
(l) an applicant for:
(i) a Regents' scholarship described in Section 
53B-8-109
; [
or
]
(ii) a New Century scholarship described in Section 
53B-8-105
[
.
]
; or
(iii) a privately funded scholarship:
(A) for an individual who is a graduate of a high school located within Utah; and
(B) administered by an institution of higher education as defined in Section 
53B-2-101
.
(4) (a) An agency or political subdivision required to verify the lawful presence in the
United States of an applicant under this section shall require the applicant to certify under
penalty of perjury that:
(i) the applicant is a United States citizen; or
(ii) the applicant is:
(A) a qualified alien as defined in 8 U.S.C. Sec. 1641; and
(B) lawfully present in the United States.
(b) The certificate required under this Subsection (4) shall include a statement advising
the signer that providing false information subjects the signer to penalties for perjury.
(5) An agency or political subdivision shall verify a certification required under
Subsection (4)(a)(ii) through the federal SAVE program.
(6) (a) An individual who knowingly and willfully makes a false, fictitious, or
fraudulent statement or representation in a certification under Subsection (3)(k) or (4) is subject
to the criminal penalties applicable in this state for:
(i) making a written false statement under Subsection 
76-8-504
(2); and
(ii) fraudulently obtaining:
(A) public assistance program benefits under Sections 
76-8-1205
 and 
76-8-1206
; or
(B) unemployment compensation under Section 
76-8-1301
.
(b) If the certification constitutes a false claim of United States citizenship under 18
U.S.C. Sec. 911, the agency or political subdivision shall file a complaint with the United
States Attorney General for the applicable district based upon the venue in which the
application was made.
(c) If an agency or political subdivision receives verification that a person making an
application for a benefit, service, or license is not a qualified alien, the agency or political
subdivision shall provide the information to the Office of the Attorney General unless
prohibited by federal mandate.
(7) An agency or political subdivision may adopt variations to the requirements of this
section that:
(a) clearly improve the efficiency of or reduce delay in the verification process; or
(b) provide for adjudication of unique individual circumstances where the verification
procedures in this section would impose an unusual hardship on a legal resident of Utah.
(8) It is unlawful for an agency or a political subdivision of this state to provide a state,
local, or federal benefit, as defined in 8 U.S.C. Sec. 1611 and 1621, in violation of this section.
(9) A state agency or department that administers a program of state or local public
benefits shall:
(a) provide an annual report to the governor, the president of the Senate, and the
speaker of the House regarding its compliance with this section; and
(b) (i) monitor the federal SAVE program for application verification errors and
significant delays;
(ii) provide an annual report on the errors and delays to ensure that the application of
the federal SAVE program is not erroneously denying a state or local benefit to a legal resident
of the state; and
(iii) report delays and errors in the federal SAVE program to the United States
Department of Homeland Security.