Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 136 (2021GS)

Sponsor

Sen. Owens, D.R.

Final action

Governor Signed 3/22/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• forecloses new applications for a New Century scholarship after the current academic year;
• expands the eligibility and extends the availability of technical education scholarships;
• replaces the Regents' Scholarship Program with the Opportunity Scholarship Program for degree-granting institutions and amends related provisions;
• repeals certain repeal dates; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

HIGHER EDUCATION SCHOLARSHIPS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Derrin R. Owens
House Sponsor: 
V. Lowry Snow
LONG TITLE
General Description:
This bill provides for the Opportunity Scholarship Program and amends provisions
related to higher education scholarships.
Highlighted Provisions:
This bill:
▸ forecloses new applications for a New Century scholarship after the current
academic year;
▸ expands the eligibility and extends the availability of technical education
scholarships;
▸ replaces the Regents' Scholarship Program with the Opportunity Scholarship
Program for degree-granting institutions and amends related provisions;
▸ repeals certain repeal dates; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53B-1-301
, as last amended by Laws of Utah 2020, Chapters 365 and 403
53B-8-105
, as last amended by Laws of Utah 2020, Chapters 196 and 386
53B-8-115
, as last amended by Laws of Utah 2020, Chapter 196
53B-8-201
, as last amended by Laws of Utah 2020, Chapters 365 and 445
63G-12-402
, as last amended by Laws of Utah 2019, Chapter 444
63I-2-253
, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 13
REPEALS:
53B-2a-116
, as last amended by Laws of Utah 2020, Chapter 365
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53B-1-301
 is amended to read:
53B-1-301.
Reports to and actions of the Higher Education Appropriations
Subcommittee.
(1) In accordance with applicable provisions and Section 
68-3-14
, the following
recurring reports are due to the Higher Education Appropriations Subcommittee:
(a) the reports described in Sections 
34A-2-202.5
, 
53B-17-804
, and 
59-9-102.5
 by the
Rocky Mountain Center for Occupational and Environmental Health;
(b) the report described in Section 
53B-7-101
 by the board on recommended
appropriations for higher education institutions, including the report described in Section
53B-8-104
 by the board on the effects of offering nonresident partial tuition scholarships;
(c) the report described in Section 
53B-7-704
 by the Department of Workforce
Services and the Governor's Office of Economic Development on targeted jobs;
(d) the reports described in Section 
53B-7-705
 by the board on performance;
(e) the report described in Section 
53B-8-201
 by the board on the [
Regents'
]
Opportunity
 Scholarship Program;
(f) the report described in Section 
53B-8-303
 by the board regarding Access Utah
promise scholarships;
(g) the report described in Section 
53B-8d-104
 by the Division of Child and Family
Services on tuition waivers for wards of the state;
(h) the report described in Section 
53B-12-107
 by the Utah Higher Education
Assistance Authority;
(i) the report described in Section 
53B-13a-104
 by the board on the Success Stipend
Program;
(j) the report described in Section 
53B-17-201
 by the University of Utah regarding the
Miners' Hospital for Disabled Miners;
(k) the report described in Section 
53B-26-103
 by the Governor's Office of Economic
Development on high demand technical jobs projected to support economic growth;
(l) the report described in Section 
53B-26-202
 by the Medical Education Council on
projected demand for nursing professionals; and
(m) the report described in Section 
53E-10-308
 by the State Board of Education and
board on student participation in the concurrent enrollment program.
(2) In accordance with applicable provisions and Section 
68-3-14
, the following
occasional reports are due to the Higher Education Appropriations Subcommittee:
(a) upon request, the information described in Section 
53B-8a-111
 submitted by the
Utah Educational Savings Plan;
(b) as described in Section 
53B-26-103
, a proposal by an eligible partnership related to
workforce needs for technical jobs projected to support economic growth;
(c) a proposal described in Section 
53B-26-202
 by an eligible program to respond to
projected demand for nursing professionals;
(d) a report in 2023 from Utah Valley University and the Utah Fire Prevention Board
on the fire and rescue training program described in Section 
53B-29-202
; and
(e) the reports described in Section 
63C-19-202
 by the Higher Education Strategic
Planning Commission on the commission's progress.
(3) In accordance with applicable provisions, the Higher Education Appropriations
Subcommittee shall complete the following:
(a) as required by Section 
53B-7-703
, the review of performance funding described in
Section 
53B-7-703
;
(b) the review described in Section 
53B-7-705
 of the implementation of performance
funding;
(c) an appropriation recommendation described in Section 
53B-26-103
 to fund a
proposal responding to workforce needs of a strategic industry cluster;
(d) an appropriation recommendation described in Section 
53B-26-202
 to fund a
proposal responding to projected demand for nursing professionals; and
(e) review of the report described in Section 
63B-10-301
 by the University of Utah on
the status of a bond and bond payments specified in Section 
63B-10-301
.
Section 2. Section 
53B-8-105
 is amended to read:
53B-8-105.
New Century scholarships -- High school requirements.
(1) Notwithstanding the provisions of this section, the board may not accept a new
application for a scholarship described in this section on or after August 15, 2021.
[
(1)
] 
(2)
 As used in this section:
(a) "Complete the requirements for an associate degree" means that a student:
(i) (A) 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
(B) applies for the associate degree from the institution; or
(ii) completes equivalent requirements described in Subsection [
(1)
] 
(2)
(a)(i)(A) from a
higher education institution within the state system of higher education that offers
baccalaureate degrees but does not offer associate degrees.
(b) "Fee" means a fee approved by the board.
[
(2)
] 
(3)
 (a) The board shall award New Century scholarships.
(b) The board shall develop and approve the math and science curriculum described
under Subsection [
(3)
] 
(4)
(a)(ii).
[
(3)
] 
(4)
 (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)
] 
(4)
(a) shall be completed:
(i) 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)
] 
(4)
(a), a student in Utah 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)
] 
(5)
 Notwithstanding Subsection [
(3)
] 
(4)
, 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) 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)
] 
(6)
 (a) To be eligible for the scholarship, a student:
(i) shall submit an application to the board with:
(A) an official college transcript showing college courses the student has completed to
complete the requirements for an associate degree; and
(B) if applicable, an official high school transcript or, if applicable, a copy of the
student's ACT scores;
(ii) shall be a citizen of the United States or a noncitizen who is eligible to receive
federal student aid;
(iii) if applicable, shall meet the application deadlines as established by the board under
Subsection [
(10)
] 
(11)
; and
(iv) shall demonstrate, in accordance with rules described in Subsection [
(5)
] 
(6)
(b),
the completion of a Free Application for Federal Student Aid.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall make rules regarding the completion of the Free Application for Federal Student
Aid described in Subsection [
(5)
] 
(6)
(a)(iv), including:
(i) provisions for students or parents to opt out of the requirement due to:
(A) financial ineligibility for any potential grant or other financial aid;
(B) personal privacy concerns; or
(C) other reasons the board specifies; and
(ii) direction for applicants to financial aid advisors.
[
(6)
] 
(7)
 (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) if the scholarship holder applies for the scholarship on or before October 1, 2019,
private, nonprofit college or university in the state accredited by the Northwest Association of
Schools and Colleges that offers baccalaureate programs.
(b) (i) Subject to Subsection [
(6)
] 
(7)
(e), the total value of the scholarship is up to
$5,000, allocated over a time period described in Subsection [
(6)
] 
(7)
(c), as prescribed by the
board.
(ii) The board may increase the scholarship amount described in Subsection [
(6)
]
(7)
(b)(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.
(c) 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.
(d) (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
scholarship holder may only receive scholarship money within five years of the student's high
school graduation date.
(e) For a scholarship for which a student applies after October 1, 2019:
(i) the board shall reduce the amount of the scholarship holder's scholarship so that the
total amount of state aid awarded to the scholarship holder, including tuition or fee waivers or
the scholarship, does not exceed the cost of the scholarship holder's tuition and fees; and
(ii) the scholarship holder may only use the scholarship for tuition and fees.
[
(7)
] 
(8)
 The board may cancel a New Century scholarship at any time if the student
fails to:
(a) register for at least 15 credit hours per semester;
(b) maintain a 3.3 grade point average for two consecutive semesters; or
(c) make reasonable progress toward the completion of a baccalaureate degree.
[
(8)
] 
(9)
 (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)
] 
(3)
(a) and [
(6)
] 
(7)
, if the appropriation under
Subsection [
(8)
] 
(9)
(a) is insufficient to cover the costs associated with the New Century
Scholarship Program, the board may reduce the scholarship amount.
(d) If money appropriated under this section is available after New Century
scholarships are awarded, the board shall use the money for the Access Utah Promise
Scholarship Program created in Section 
53B-8-302
.
[
(9)
] 
(10)
 (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)
]
(9)
(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)
] 
(10)
 shall include a statement advising
the signer that providing false information subjects the signer to penalties for perjury.
[
(10)
] 
(11)
 The board may set deadlines for receiving New Century scholarship
applications and supporting documentation.
[
(11)
] 
(12)
 A student may not receive both a New Century scholarship and [
a Regents'
]
an Opportunity
 scholarship established in [
Part 2, Regents' Scholarship Program
] 
Part 2,
Opportunity Scholarship Program
.
Section 3. Section 
53B-8-115
 is amended to read:
53B-8-115.
Technical education scholarships.
(1) As used in this section:
(a) "Eligible institution" means:
(i) Salt Lake Community College's School of Applied Technology established in
Section 
53B-16-209
;
(ii) Snow College;
(iii) Utah State University Eastern established in Section 
53B-18-1201
;
(iv) Utah State University Blanding established in Section 
53B-18-1202
; [
or
]
(v) the Utah State University regional campus located at or near Moab described in
Section 
53B-18-301
[
.
]
; or
(vi) a technical college.
(b) "High demand program" means a [
noncredit career and
] technical education
program that:
(i) is offered by an eligible institution;
(ii) leads to a certificate; and
(iii) is designated by the board in accordance with Subsection (6).
(c) "Scholarship" means a [
career and
] technical education scholarship described in
this section.
(2) Subject to future budget constraints, the Legislature shall annually appropriate
money to the board to be distributed to eligible institutions to award [
career and
] technical
education scholarships.
(3) In accordance with the rules described in Subsection (5), an eligible institution may
award a scholarship to an individual who:
(a) is enrolled in, or intends to enroll in, a high demand program; and
(b) demonstrates, in accordance with rules described in Subsection (5)(b), the
completion of a Free Application for Federal Student Aid.
(4) (a) An eligible institution may award a scholarship for an amount of money up to
the total cost of tuition, fees, and required textbooks for the high demand program in which the
scholarship recipient is enrolled or intends to enroll.
(b) An eligible institution may award a scholarship to a scholarship recipient for up to
[
two
] 
three
 academic years.
(c) An eligible institution may cancel a scholarship if the scholarship recipient does
not:
(i) maintain enrollment in the eligible institution on at least a half time basis, as
determined by the eligible institution; or
(ii) make satisfactory progress toward the completion of a certificate.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall make rules:
(a) that establish:
(i) how state funding available for scholarships is divided among eligible institutions;
(ii) requirements related to an eligible institution's administration of a scholarship;
(iii) requirements related to eligibility for a scholarship, including requiring eligible
institutions to prioritize scholarships for underserved populations;
(iv) a process for an individual to apply to an eligible institution to receive a
scholarship; and
(v) how to determine satisfactory progress described in Subsection (4)(c)(ii); and
(b) regarding the completion of the Free Application for Federal Student Aid described
in Subsection (3)(b), including:
(i) provisions for students or parents to opt out of the requirement due to:
(A) financial ineligibility for any potential grant or other financial aid;
(B) personal privacy concerns; or
(C) other reasons the board specifies; and
(ii) direction for applicants to financial aid advisors.
(6) Every other year, after consulting with the Department of Workforce Services, the
board shall designate, as a high demand program, a [
noncredit career and
] technical education
program that prepares an individual to work in a job that has, in Utah:
(a) high employer demand and high median hourly wages; or
(b) significant industry importance.
Section 4. Section 
53B-8-201
 is amended to read:
53B-8-201.
Opportunity Scholarship Program.
(1) As used in this section:
(a) "Eligible institution" means:
(i) [
an
] 
a degree-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)
] 
(5)
;
(ii) is enrolled in an eligible institution; and
(iii) meets the criteria established by the board in rules described in Subsection [
(6)
]
(5)
.
(c) "Fee" means:
(i) for an eligible institution that is a degree-granting institution, a fee approved by the
board; or
(ii) for an eligible institution that is a technical college, a fee approved by the eligible
institution.
(d) "Program" means the [
Regents'
] 
Opportunity
 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 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)
] 
(2)
 (a) Subject to legislative appropriations, [
beginning with an appropriation for
fiscal year 2019,
] the board shall annually distribute money for the [
Regents'
] 
Opportunity
Scholarship Program described in this section to each eligible institution to award as [
Regents'
]
Opportunity
 scholarships to eligible students.
(b) The board shall annually determine the amount of [
a Regents'
] 
an Opportunity
scholarship based on:
(i) the number of eligible students in the state; and
(ii) money available for the program.
[
(c) (i) Subject to Subsection (3)(c)(ii), 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.
]
[
(ii) The board may not allocate a percentage of a legislative appropriation for Regents'
scholarships to any one eligible institution described in Subsection (1)(a)(ii) that is greater than
the highest percentage of the legislative appropriation that the board allocates to an eligible
institution described in Subsection (1)(a)(i).
]
[
(4)
] 
(3)
 (a) Except as provided in this Subsection [
(4)
] 
(3)
, an eligible institution shall
provide to an eligible student [
a Regents'
] 
an Opportunity
 scholarship in the amount
determined by the board described in Subsection [
(3)
] 
(2)
(b).
(b) For [
a Regents'
] 
an Opportunity
 scholarship for which an eligible student applies on
or before July 1, 2019, an eligible institution may reduce the amount of the [
Regents'
]
Opportunity
 scholarship based on other state aid awarded to the eligible student for tuition and
fees.
(c) For [
a Regents'
] 
an Opportunity
 scholarship for which an eligible student applies
after July 1, 2019:
(i) an eligible institution shall reduce the amount of the [
Regents'
] 
Opportunity
scholarship so that the total amount of state aid awarded to the eligible student, including
tuition or fee waivers and the [
Regents'
] 
Opportunity
 scholarship, does not exceed the cost of
the eligible student's tuition and fees; and
(ii) the eligible student may only use the [
Regents'
] 
Opportunity
 scholarship for tuition
and fees.
(d) An institution described in Subsection (1)(a)(ii) may not award [
a Regents'
] 
an
Opportunity
 scholarship to an eligible student in an amount that exceeds the average total cost
of tuition and fees among the eligible institutions described in Subsection (1)(a)(i).
(e) If the allocation for an eligible institution described in Subsection (1)(a)(ii) is
insufficient to provide the amount described in Subsection [
(3)
] 
(2)
(b) to each eligible student,
the eligible institution may reduce the amount of [
a Regents'
] 
an Opportunity
 scholarship.
[
(5)
] 
(4)
 The board may:
(a) audit an eligible institution's administration of [
Regents'
] 
Opportunity
 scholarships;
(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'
] 
an
Opportunity
 scholarship; and
(c) require an eligible institution to enter into a written agreement with the board in
which the eligible institution agrees to provide the board with access to information and data
necessary for the purposes of the program.
[
(6)
] 
(5)
 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'
]
Opportunity
 scholarships;
(b) a process for a student to apply to the board to determine the student's eligibility for
[
a Regents'
] 
an Opportunity
 scholarship;
(c) criteria to determine a student's eligibility for [
a Regents'
] 
an Opportunity
scholarship, including:
(i) minimum secondary education academic performance standards; 
and
[
(ii) the completion of secondary core curriculum and graduation requirements;
]
[
(iii)
] 
(ii)
 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'
] 
Opportunity
 scholarships awarded by the eligible institution[
.
]
; and
(e) a process for a student to apply to the board for an Opportunity scholarship who
would have likely received the scholarship but for an irreconcilable error in the application
process described in Subsection (5)(b).
[
(7)
] 
(6)
 The board shall annually report on the program to the Higher Education
Appropriations Subcommittee.
[
(8) (a)
] 
(7)
 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.
]
[
(9) If money appropriated under this section is available after Regents' scholarships
are awarded, the board shall use the money for the Access Utah Promise Scholarship Program
created in Section 
53B-8-302
].
Section 5. 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'
] 
an Opportunity
 scholarship described in [
Title 53B, Chapter 8, Part 2,
Regents' Scholarship Program
] 
Title 53B, Chapter 8, Part 2, Opportunity Scholarship Program
;
(ii) a New Century scholarship described in Section 
53B-8-105
;
(iii) a promise scholarship described in Section 
53B-8-303
; or
(iv) 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 6. Section 
63I-2-253
 is amended to read:
63I-2-253.
 Repeal dates -- Titles 53 through 53G.
(1) (a) Section 
53-2a-217
, regarding procurement during an epidemic or pandemic
emergency, is repealed on December 31, 2021.
(b) When repealing Section 
53-2a-217
, the Office of Legislative Research and General
Counsel shall, in addition to the office's authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
(2) Section 
53B-2a-103
 is repealed July 1, 2021.
(3) Section 
53B-2a-104
 is repealed July 1, 2021.
(4) (a) Subsection 
53B-2a-108
(5), regarding exceptions to the composition of a
technical college board of trustees, is repealed July 1, 2022.
(b) When repealing Subsection 
53B-2a-108
(5), 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.
(5) Section 
53B-6-105.7
 is repealed July 1, 2024.
(6) (a) Subsection 
53B-7-705
(6)(b)(ii)(A), the language that states "Except as provided
in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
(b) Subsection 
53B-7-705
(6)(b)(ii)(B), regarding comparing a technical college's
change in performance with the technical college's average performance, is repealed July 1,
2021.
(7) (a) Subsection 
53B-7-707
(3)(a)(ii), the language that states "Except as provided in
Subsection (3)(b)," is repealed July 1, 2021.
(b) Subsection 
53B-7-707
(3)(b), regarding performance data of a technical college
during a fiscal year before fiscal year 2020, is repealed July 1, 2021.
(8) Section 
53B-8-114
 is repealed July 1, 2024.
(9) [
(a)
] The following sections, regarding the Regents' scholarship program, are
repealed on July 1, 2023:
[
(i)
] 
(a)
 Section 
53B-8-202
;
[
(ii)
] 
(b)
 Section 
53B-8-203
;
[
(iii)
] 
(c)
 Section 
53B-8-204
; and
[
(iv)
] 
(d)
 Section 
53B-8-205
.
[
(b) (i) Subsection 
53B-8-201
(2), regarding the Regents' scholarship program for
students who graduate from high school before fiscal year 2019, 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) Section 
53B-10-101
 is repealed on July 1, 2027.
(11) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
repealed July 1, 2023.
(12) Section 
53E-3-519
 regarding school counselor services is repealed July 1, 2020.
(13) Section 
53E-3-520
 is repealed July 1, 2021.
(14) Subsection 
53E-5-306
(3)(b)(ii)(B), related to improving school performance and
continued funding relating to the School Recognition and Reward Program, is repealed July 1,
2020.
(15) Section 
53E-5-307
 is repealed July 1, 2020.
(16) Subsection 
53E-10-309
(7), related to the PRIME pilot program, is repealed July 1,
2024.
(17) In Subsections 
53F-2-205
(4) and (5), regarding the State Board of Education's
duties if contributions from the minimum basic tax rate are overestimated or underestimated,
the language that states "or 
53F-2-301.5
, as applicable" is repealed July 1, 2023.
(18) Subsection 
53F-2-301
(1), relating to the years the section is not in effect, is
repealed July 1, 2023.
(19) In Subsection 
53F-2-515
(1), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
(20) Section 
53F-4-207
 is repealed July 1, 2022.
(21) In Subsection 
53F-9-302
(3), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
(22) In Subsection 
53F-9-305
(3)(a), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
(23) In Subsection 
53F-9-306
(3)(a), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
(24) In Subsection 
53G-3-304
(1)(c)(i), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
(25) Subsections 
53G-10-204
(1)(c) through (e), and Subsection 
53G-10-204
(7), related
to the civics engagement pilot program, are repealed on July 1, 2023.
(26) On July 1, 2023, when making changes in this section, the Office of Legislative
Research and General Counsel shall, in addition to the office's authority under Subsection
36-12-12
(3), make corrections necessary to ensure that sections and subsections identified in
this section are complete sentences and accurately reflect the office's perception of the
Legislature's intent.
Section 7. 
Repealer.
This bill repeals:
Section 
53B-2a-116
,
Technical college scholarships.