Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 256 (2017GS)

Sponsor

Sen. Hillyard, L.

Final action

Governor Signed 3/24/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• modifies the Regents' Scholarship Program for students who graduate from high school after July 1, 2018;
• enacts provisions related to the modified Regents' Scholarship Program, including provisions related to:
• the distribution process for Regents' Scholarship Program money;
• student eligibility for a Regents' scholarship; and
• required rulemaking of the State Board of Regents; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

REGENTS' SCHOLARSHIP AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lyle W. Hillyard
House Sponsor: 
Daniel McCay
LONG TITLE
General Description:
This bill amends provisions related to the Regents' Scholarship Program.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ modifies the Regents' Scholarship Program for students who graduate from high
school after July 1, 2018;
▸ enacts provisions related to the modified Regents' Scholarship Program, including
provisions related to:
• the distribution process for Regents' Scholarship Program money;
• student eligibility for a Regents' scholarship; and
• required rulemaking of the State Board of Regents; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53B-8-105
, as last amended by Laws of Utah 2013, Chapter 64
63G-12-402
, as last amended by Laws of Utah 2015, Chapter 370
63I-2-253
, as last amended by Laws of Utah 2016, Chapters 128, 229, 236, 271, and
318
ENACTS:
53B-8-201
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
53B-8-202
, (Renumbered from 53B-8-108, as last amended by Laws of Utah 2016,
Chapter 188)
53B-8-203
, (Renumbered from 53B-8-109, as last amended by Laws of Utah 2013,
Chapter 64)
53B-8-204
, (Renumbered from 53B-8-110, as last amended by Laws of Utah 2010,
Chapter 6)
53B-8-205
, (Renumbered from 53B-8-111, as last amended by Laws of Utah 2013,
Chapter 64)
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53B-8-105
 is amended to read:
53B-8-105.
New Century scholarships -- High school requirements.
(1) As used in this section, "complete the requirements for an associate degree" means
that a student:
(a) (i) completes all the required courses for an associate degree from a higher
education institution within the state system of higher education that offers associate degrees;
and
(ii) applies for the associate degree from the institution; or
(b) completes equivalent requirements described in Subsection (1)(a)(i) from a higher
education institution within the state system of higher education that offers baccalaureate
degrees but does not offer associate degrees.
(2) (a) The board shall award New Century scholarships.
(b) The board shall develop and approve the math and science curriculum described
under Subsection (3)(a)(ii).
(3) (a) In order to qualify for a New Century scholarship, a student in Utah schools
shall complete the requirements for an:
(i) associate degree; or
(ii) approved math and science curriculum.
(b) The requirements under Subsection (3)(a) shall be completed:
(i) (A) for a student whose class graduates from high school in 2010 or before, by
September 1 of the year the student's class graduates from high school; or
(B) for a student whose class graduates from high school in 2011 or after, by the day on
which the student's class graduates from high school; and
(ii) with at least a 3.0 grade point average.
(c) In addition to the requirements in Subsection (3)(a), a student in Utah schools
whose class graduates from high school in 2011 or after shall:
(i) complete the high school graduation requirements of:
(A) a public high school established by the State Board of Education and the student's
school district or charter school; or
(B) a private high school in the state that is accredited by a regional accrediting body
approved by the board; and
(ii) complete high school with at least a 3.5 cumulative high school grade point
average.
(4) Notwithstanding Subsection (3), for a student who does not receive a high school
grade point average, the student shall:
(a) complete the requirements for an associate degree:
(i) (A) for a student who completes high school in 2010 or before, by September 1 of
the year the student completes high school; or
(B) for a student who completes high school in 2011 or after, by June 15 of the year the
student completes high school; and
(ii) with at least a 3.0 grade point average; and
(b) score a composite ACT score of 26 or higher.
(5) To be eligible for the scholarship, a student:
(a) shall submit an application to the board with:
(i) an official college transcript showing college courses the student has completed to
complete the requirements for an associate degree; and
(ii) (A) if applicable, an official high school transcript; or
(B) if applicable, a copy of the student's ACT scores;
(b) shall be a citizen of the United States or a noncitizen who is eligible to receive
federal student aid;
(c) may not have a criminal record, with the exception of a misdemeanor traffic
citation; and
(d) if applicable, shall meet the application deadlines as established by the board under
Subsection (10).
(6) (a) The scholarship may be used at a:
(i) higher education institution within the state system of higher education that offers
baccalaureate programs; or
(ii) private, nonprofit college or university in the state accredited by the Northwest
Association of Schools and Colleges that offers baccalaureate programs.
(b) For a student whose class graduates from high school in 2010 and who completes
the requirements under Subsection (3)(a) by September 1, 2010:
(i) if used at an institution described in Subsection (6)(a)(i), the value of the
scholarship is up to 75% of the tuition costs at the selected institution; or
(ii) if used at an institution described in Subsection (6)(a)(ii), the value of the
scholarship is up to 75% of the tuition costs at the institution, not to exceed 75% of the average
tuition costs at the institutions referred in Subsection (6)(a)(i).
(c) (i) For a student whose class graduates in 2011 or after and who completes the
requirements under this section, the total value of the scholarship is up to $5,000, allocated
over a time period described in Subsection (6)(d), as prescribed by the board.
(ii) The board may increase the scholarship amount described in Subsection (6)(c)(i) by
an amount not to exceed the average percentage tuition increase approved by the board for
institutions in the state system of higher education.
(d) The scholarship is valid for the shortest of the following time periods:
(i) two years of full-time equivalent enrollment;
(ii) 60 credit hours; or
(iii) until the student meets the requirements for a baccalaureate degree.
(e) (i) A scholarship holder shall enroll full-time at a higher education institution by no
later than the fall term immediately following the student's high school graduation date or
receive an approved deferral from the board.
(ii) The board may grant a deferral or leave of absence to a scholarship holder, but the
student may only receive scholarship money within five years of the student's high school
graduation date.
[
(7) (a) The board may cancel a New Century scholarship at any time if the student
fails to:
]
[
(i) register as a full-time student;
]
[
(ii) maintain at least a 3.0 grade point average for two consecutive semesters; or
]
[
(iii) make reasonable progress towards the completion of a baccalaureate degree.
]
[
(b) Beginning July 1, 2013, the
]
(7) The
 board may cancel a New Century scholarship at any time if the student fails to:
[
(i)
] 
(a)
 register for at least 15 credit hours per semester;
[
(ii)
] 
(b)
 maintain a 3.3 grade point average for two consecutive semesters; or
[
(iii)
] 
(c)
 make reasonable progress [
towards
] 
toward
 the completion of a baccalaureate
degree.
(8) (a) Subject to future budget constraints, the Legislature shall make an annual
appropriation from the General Fund to the board for the costs associated with the New
Century Scholarship Program authorized under this section.
(b) It is understood that the appropriation is offset in part by the state money that would
otherwise be required and appropriated for these students if they were enrolled in a four-year
postsecondary program at a state-operated institution.
(c) Notwithstanding Subsections (2)(a) and (6), if the appropriation under Subsection
(8)(a) is insufficient to cover the costs associated with the New Century Scholarship Program,
the board may reduce the scholarship amount.
(9) (a) The board shall adopt policies establishing an application process and an appeal
process for a New Century scholarship.
(b) The board shall disclose on all applications and related materials that the amount of
the scholarship is subject to funding and may be reduced, in accordance with Subsection (8)(c).
(c) The board shall require an applicant for a New Century scholarship to certify under
penalty of perjury that:
(i) the applicant is a United States citizen; or
(ii) the applicant is a noncitizen who is eligible to receive federal student aid.
(d) The certification under this Subsection (9) shall include a statement advising the
signer that providing false information subjects the signer to penalties for perjury.
(10) The board may set deadlines for receiving New Century scholarship applications
and supporting documentation.
(11) A student may not receive both a New Century scholarship and a Regents'
scholarship established in [
Section 
53B-8-108
] 
Part 2, Regents' Scholarship Program
.
Section 2. Section 
53B-8-201
 is enacted to read:
Part 2. Regents' Scholarship Program
 53B-8-201.
Regents' Scholarship Program.
(1) As used in this section:
(a) "Eligible institution" means:
(i) a credit-granting institution of higher education within the state system of higher
education described in Section 
53B-1-102
; or
(ii) a private, nonprofit college or university in the state that is accredited by the
Northwest Commission on Colleges and Universities.
(b) "Eligible student" means a student who:
(i) applies to the board in accordance with the rules described in Subsection (6);
(ii) is enrolled in an eligible institution; and
(iii) meets the criteria established by the board in rules described in Subsection (6).
(c) "Program" means the Regents' Scholarship Program described in this section.
(2) (a) A student who graduates from high school after July 1, 2018:
(i) may receive a Regents' scholarship in accordance with this section; and
(ii) may not may receive a scholarship in accordance with Sections 
53B-8-202
 through
53B-8-205
.
(b) A student who graduates from high school on or before July 1, 2018:
(i) may receive a scholarship in accordance with Sections 
53B-8-202
 through
53B-8-205
; and
(ii) may not receive a Regents' scholarship in accordance with this section.
(3) (a) Subject to legislative appropriations and Subsection (3)(d), beginning with an
appropriation for fiscal year 2019, the board shall annually distribute money for the Regents'
Scholarship Program described in this section to each eligible institution to award as Regents'
scholarships to eligible students.
(b) The board shall annually determine the amount of a Regents' scholarship based on:
(i) the number of eligible students in the state; and
(ii) money available for the program.
(c) The board shall annually determine the total amount of money to distribute to an
eligible institution based on the eligible institution's share of all eligible students in the state.
(d) An eligible institution that is a private, nonprofit college or university shall, to
receive money distributed by the board described in Subsection (3)(a), enter into a written
agreement with the board in which the eligible institution agrees to:
(i) provide the board with access to information and data necessary for the purposes of
the program; and
(ii) comply with an audit by the board described in Subsection (5) if the board conducts
an audit.
(4) (a) Except as provided in Subsection (4)(b), an eligible institution shall provide to
an eligible student a Regents' scholarship in the amount determined by the board described in
Subsection (3)(b).
(b) An eligible institution may reduce the amount of a Regents' scholarship provided to
an eligible student based on other state aid awarded to the eligible student for tuition and fees.
(5) The board may:
(a) audit an eligible institution's administration of Regents' scholarships; and
(b) require an eligible institution to repay to the board money distributed to the eligible
institution under this section that is not provided to an eligible student as a Regents'
scholarship.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall make rules that establish:
(a) requirements related to an eligible institution's administration of Regents'
scholarships;
(b) a process for a student to apply to the board to determine the student's eligibility for
a Regents' scholarship;
(c) criteria to determine a student's eligibility for a Regents' scholarship, including:
(i) minimum secondary education academic performance standards;
(ii) the completion of secondary core curriculum and graduation requirements;
(iii) the completion of a Free Application for Federal Student Aid;
(iv) need-based measures that address college affordability and access; and
(v) minimum enrollment requirements in an eligible institution; and
(d) a requirement for each eligible institution to annually report to the board on all
Regents' scholarships awarded by the eligible institution.
(7) The board shall annually report on the program to the Higher Education
Appropriations Subcommittee.
(8) (a) The State Board of Education, a school district, or a public high school shall
cooperate with the board and eligible institutions to facilitate the program, including by
exchanging relevant data where allowed by law.
(b) The State Board of Education shall annually provide to the board a list of directory
information, including name and address, for each grade 8 student in the state.
Section 3. Section 
53B-8-202
, which is renumbered from Section 53B-8-108 is
renumbered and amended to read:
[
53B-8-108
].
 53B-8-202.
Regents' Scholarship Program -- General
provisions -- Board policies.
(1) This section only applies to a student who graduates from high school on or before
July 1, 2018.
[
(1)
] 
(2)
 The Regents' Scholarship Program is created to award merit scholarships to
students who complete a rigorous core course of study in high school.
[
(2)
] 
(3)
 (a) A student who is awarded the Base Regents' scholarship established in
Section [
53B-8-109
] 
53B-8-203
 may also be awarded each of the supplemental awards
established in Sections [
53B-8-110
 and 
53B-8-111
] 
53B-8-204
 and 
53B-8-205
.
(b) A student may not receive both a Regents' scholarship and a New Century
scholarship established in Section 
53B-8-105
.
[
(3)
] 
(4)
 A Regents' scholarship may only be used at a:
(a) credit-granting higher education institution within the state system of higher
education; or
(b) private, nonprofit college or university in the state that is accredited by the
Northwest [
Association of Schools and Colleges
] 
Commission on Colleges and Universities
.
[
(4)
] 
(5)
 (a) A scholarship holder shall enroll full-time at a higher education institution
described in Subsection [
(3)
] 
(4)
 by no later than the fall term immediately following the
student's high school graduation date or receive an approved deferral from the board.
(b) The board may grant a deferral or leave of absence to a scholarship holder, but the
student may only receive scholarship money within five years of the student's high school
graduation date.
[
(5)
] 
(6)
 (a) The board shall annually report on the Regents' Scholarship Program at the
beginning of each school year to the Higher Education Appropriations Subcommittee.
(b) The board shall ensure that the report includes the number of students in each
school district and public high school who meet the academic criteria for the Base Regents'
scholarship and for the Exemplary Academic Achievement Scholarship.
(c) The State Board of Education, school districts, and public high schools shall
cooperate with the board to facilitate the collection and distribution of Regents' Scholarship
Program data.
[
(6)
] 
(7)
 The State Board of Education shall annually provide the board a complete list
of directory information, including student name and address, for all grade 8 students in the
state.
[
(7)
] 
(8)
 The board shall adopt policies establishing:
(a) the high school and college course requirements described in Subsection
[
53B-8-109
(1)(d)(i)
] 
53B-2-203
(2)(d)(i)
;
(b) the additional weights assigned to grades earned in certain courses described in
Subsections [
53B-8-109
(4) and 
53B-8-111
(7)
] 
53B-8-203
(5) and 
53B-8-205
(8)
;
(c) the regional accrediting bodies that may accredit a private high school described in
Subsection [
53B-8-109
(1)(a)(ii)
] 
53B-8-203
(2)(a)(ii)
;
(d) (i) the application process and an appeal process for a Regents' scholarship,
including procedures to allow a student to apply for the scholarship on-line; and
(ii) a disclosure on all applications and related materials that the amount of the awards
is subject to funding and may be reduced, in accordance with Subsection [
(8)
] 
(9)
(b); and
(e) how college credits correlate to high school units for purposes of Subsection
[
53B-8-109
(1)(d)(i)
] 
53B-8-203
(2)(d)(i)
.
[
(8)
] 
(9)
 (a) Subject to future budget constraints, the Legislature shall make an annual
appropriation from the Education Fund to the board for the costs associated with the Regents'
Scholarship Program authorized under this section and Sections [
53B-8-109
, 
53B-8-110
, and
53B-8-111
] 
53B-8-203
, 
53B-8-204
, and 
53B-8-205
.
(b) Notwithstanding the provisions of this section and Sections [
53B-8-109
,
53B-8-110
, and 
53B-8-111
] 
53B-8-203
, 
53B-8-204
, and 
53B-8-205
, if the appropriation under
Subsection [
(8)
] 
(9)
(a) is insufficient to cover the costs associated with the Regents'
Scholarship Program, the board may reduce the amount of the Base Regents' scholarships and
supplemental awards.
[
(9)
] 
(10)
 The board may set deadlines for receiving Regents' scholarship applications
and supporting documentation.
Section 4. Section 
53B-8-203
, which is renumbered from Section 53B-8-109 is
renumbered and amended to read:
[
53B-8-109
].
 53B-8-203.
Regents' Scholarship Program -- Base Regents'
scholarship -- Qualifications -- Application.
(1) This section only applies to a student who graduates from high school on or before
July 1, 2018.
[
(1)
] 
(2)
 A student qualifies for a Base Regents' scholarship if the student:
(a) completes the high school graduation requirements of:
(i) a public school established by the State Board of Education and the student's school
district or charter school; or
(ii) a private high school in the state that is accredited by a regional accrediting body
approved by the board;
(b) completes high school with at least a 3.0 cumulative grade point average;
(c) has at least one reported ACT test score; and
(d) (i) completes the following high school or college credit in grades 9[
-
] 
through
 12:
(A) four units of credit of English;
(B) four units of credit of mathematics;
(C) three and one-half units of credit of social science;
(D) three units of credit of lab-based natural science; and
(E) two units of credit of sequential world or classical language other than English; and
(ii) except as provided in Subsection [
(4)
] 
(5)
, earns a course grade on a transcript of
"C" or above in each individual course listed in Subsection [
(1)
] 
(2)
(d)(i).
[
(2)
] 
(3)
 The board shall establish policies to determine specific courses that meet the
requirements under Subsection [
(1)
] 
(2)
(d)(i).
[
(3)
] 
(4)
 To be eligible for the scholarship, a student:
(a) shall submit an application to the board with:
(i) a copy of the student's official high school transcript and ACT scores; and
(ii) if applicable, a college transcript showing a college course the student has
completed to meet the requirements of Subsection [
(1)
] 
(2)
(d);
(b) shall be a citizen of the United States or a noncitizen who is eligible to receive
federal student aid;
(c) may not have a criminal record, with the exception of a misdemeanor traffic
citation; and
(d) if applicable, shall meet the application deadlines as established by the board under
Subsection [
53B-8-108
(9)
] 
53B-8-202
(10)
.
[
(4)
] 
(5)
 For purposes of determining if a student meets the grade requirements of
Subsection [
(1)
] 
(2)
(d)(ii), the board shall assign additional weights to grades earned in courses
described in Subsection [
(1)
] 
(2)
(d)(i) that are advanced placement, concurrent enrollment, or
International Baccalaureate program courses.
[
(5)
] 
(6)
 (a) The amount of the Base Regents' scholarship is $1,000.
(b) The board may adjust the amount of the Base Regents' scholarship by up to a
percentage of the average percentage tuition increase approved by the board for institutions in
the system of higher education.
[
(6)
] 
(7)
 (a) The board shall require an applicant for a Regents' scholarship to certify
under penalty of perjury that:
(i) the applicant is a United States citizen; or
(ii) the applicant is a noncitizen who is eligible to receive federal student aid.
(b) The certification under this Subsection [
(6)
] 
(7)
 shall include a statement advising
the signer that providing false information subjects the signer to penalties for perjury.
Section 5. Section 
53B-8-204
, which is renumbered from Section 53B-8-110 is
renumbered and amended to read:
[
53B-8-110
].
 53B-8-204.
Regents' Scholarship Program -- Supplemental
award to encourage college savings.
(1) This section only applies to a student who graduates from high school on or before
July 1, 2018.
[
(1)
] 
(2)
 A student who qualifies for the Base Regents' Scholarship in accordance with
the provisions of Section [
53B-8-109
] 
53B-8-203
 may be awarded up to an additional $400 as
provided in this section.
[
(2)
] 
(3)
 A student who qualifies for the Base Regents' Scholarship shall be awarded
$100 for a year that:
(a) the student was 14, 15, 16, or 17 years of age; and
(b) at least $100 in contributions, excluding transfers, investment earnings, and
interest, was deposited in a Utah Educational Savings Plan account that designated the student
as the beneficiary.
Section 6. Section 
53B-8-205
, which is renumbered from Section 53B-8-111 is
renumbered and amended to read:
[
53B-8-111
].
 53B-8-205.
Supplemental scholarship award -- Exemplary
academic achievement -- Regents' diploma.
(1) This section only applies to a student who graduates from high school on or before
July 1, 2018.
[
(1)
] 
(2)
 A student who qualifies for the Base Regents' scholarship in accordance with
the provisions of Section [
53B-8-109
] 
53B-8-203
 shall qualify for an additional Exemplary
Academic Achievement scholarship if the student:
(a) completes high school with a cumulative grade point average of 3.5 or higher;
(b) except as provided in Subsection [
(7)
] 
(8)
, earns a course grade on a transcript of
"B" or above in each individual course listed in Subsection [
53B-8-109
(1)(d)(i)
]
53B-8-203
(2)(d)(i)
; and
(c) (i) scores a composite ACT score of 26 or higher; and
(ii) if determined by the board's policies, achieves additional ACT college readiness
benchmark scores in English, mathematics, reading, and science.
[
(2)
] 
(3)
 For a student who graduates from high school in the 2009-10 school year:
(a) if used at a higher education institution described in Subsection [
53B-8-108
(3)(a)
]
53B-8-202
(4)(a)
, the value of an Exemplary Academic Achievement scholarship is up to 75%
of the tuition costs at the selected institution; or
(b) if used at a higher education institution described in Subsection [
53B-8-108
(3)(b)
]
53B-8-202
(4)(b)
, the value of an Exemplary Academic Achievement scholarship is up to 75%
of the tuition costs at the institution, not to exceed 75% of the average tuition costs at the
institutions described in Subsection [
53B-8-108
(3)(a)
] 
53B-8-202
(4)(a)
.
[
(3)
] 
(4)
 (a) For a student who graduates from high school in or after the 2010-11
school year, the total value of an Exemplary Academic Achievement scholarship is up to
$5,000, allocated over a time period described in Subsection [
(4)
] 
(5)
, as prescribed by the
board.
(b) The board may adjust the amount of the Exemplary Academic Achievement
scholarship by up to a percentage of the average percentage tuition increase approved by the
board for institutions in the state system of higher education.
[
(4)
] 
(5)
 An Exemplary Academic Achievement scholarship is valid for the shortest of
the following time periods:
(a) two years of full-time equivalent enrollment;
(b) 65 credit hours; or
(c) until the student meets the requirements for a baccalaureate degree.
[
(5) (a) The board may cancel an Exemplary Academic Achievement scholarship at
any time if the student fails to:
]
[
(i) register as a full-time student;
]
[
(ii) maintain a 3.0 grade point average for two consecutive semesters; or
]
[
(iii) make reasonable progress towards the completion of a baccalaureate degree.
]
[
(b) Beginning July 1, 2013, the
]
(6) The
 board may cancel an Exemplary Academic Achievement scholarship at any
time if the student fails to:
[
(i)
] 
(a)
 register for at least 15 credit hours per semester;
[
(ii)
] 
(b)
 maintain a 3.3 grade point average for two consecutive semesters; or
[
(iii)
] 
(c)
 make reasonable progress [
towards
] 
toward
 the completion of a baccalaureate
degree.
[
(6)
] 
(7)
 A student who qualifies for the Exemplary Academic Achievement
scholarship under this section may also receive a Regents' diploma endorsement to be issued by
the board.
[
(7)
] 
(8)
 For purposes of determining if a student meets the grade requirements of
Subsection [
(1)
] 
(2)
(b), the board shall assign additional weights to grades earned in courses
described in Subsection [
53B-8-109
(1)(d)(i)
] 
53B-8-203
(2)(d)(i)
 that are advanced placement,
concurrent enrollment, or International Baccalaureate program courses.
Section 7. 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
] 
Title 53B, Chapter 8, Part
2, Regents' Scholarship Program
;
(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.
Section 8. Section 
63I-2-253
 is amended to read:
63I-2-253.
 Repeal dates -- Titles 53, 53A, and 53B.
(1) Section 
53A-1-403.5
 is repealed July 1, 2017.
(2) Section 
53A-1-411
 is repealed July 1, 2017.
(3) Section 
53A-1-709
 is repealed July 1, 2020.
(4) Subsection 
53A-1a-513
(4) is repealed July 1, 2017. 
(5) Section 
53A-1a-513.5
 is repealed July 1, 2017.
(6) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2019.
(7) Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is
repealed July 1, 2017.
(8) Sections 
53A-24-601
 and 
53A-24-602
 are repealed January 1, 2018.
(9) (a) Subsections 
53B-2a-103
(2) and (4) are repealed July 1, 2019.
(b) When repealing Subsections 
53B-2a-103
(2) and (4), the Office of Legislative
Research and General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3),
make necessary changes to subsection numbering and cross references.
(10) (a) The following sections are repealed on July 1, 2023:
(i) Section 
53B-8-202
;
(ii) Section 
53B-8-203
;
(iii) Section 
53B-8-204
; and
(iv) Section 
53B-8-205
.
(b) (i) Subsection 
53B-8-201
(2) is repealed on July 1, 2023.
(ii) When repealing Subsection 
53B-8-201
(2), the Office of Legislative Research and
General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
[
(10)
] 
(11)
 Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project,
is repealed July 1, 2023.