HB 88

02-26 16:02  7th Sub. (Lime) H.B. 88
  Trevor Lee proposes the following substitute bill:
1Public Assistance Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Trevor Lee
  Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill addresses lawful presence for receipt of public benefits.
6   Highlighted Provisions:
7This bill:
8▸ amends provisions regarding exceptions to verification of lawful presence for the receipt
9   of certain public assistance benefits; and
10▸ makes technical and conforming changes.
11   Money Appropriated in this Bill:
12None
13   Other Special Clauses:
14None
15   Utah Code Sections Affected:
16   AMENDS:
1753H-11-203, as renumbered and amended by Laws of Utah 2025, First Special Session,
18Chapter 8
  7th Sub. H.B. 88
1953H-11-414, as renumbered and amended by Laws of Utah 2025, First Special Session,
20Chapter 8
2163G-12-402, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
2276-14-207, as renumbered and amended by Laws of Utah 2025, Chapter 173
23
24   Be it enacted by the Legislature of the state of Utah:
25Section 1. Section 53H-11-203 is amended to read:
2653H-11-203 . Resident tuition -- Requirements -- Rules.
27   (1) If allowed under federal law, a student, other than a nonimmigrant alien within the
28meaning of [paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United
29States Code] 8 U.S.C. Sec. 1101(15)(a), shall be exempt from paying the nonresident
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30portion of total tuition if the student:
31(a) attended high school in this state for three or more years;
32(b) graduated from a high school in this state or received the equivalent of a high school
33diploma in this state; and
34(c) registers as an entering student at an institution of higher education.
35   [(2) In addition to the requirements under Subsection (1), a student without lawful
36immigration status shall file an affidavit with the institution of higher education stating
37that the student has filed an application to legalize his immigration status, or will file an
38application as soon as he is eligible to do so.]
39   [(3)] (2) The board shall make rules for the implementation of this section.
40   [(4)] (3) Nothing in this section limits the ability of institutions of higher education to assess
41nonresident tuition on students who do not meet the requirements under this section.
42Section 2. Section 53H-11-414 is amended to read:
4353H-11-414 . Utah Promise Program.
44   (1) As used in this section:
45(a)(i) "Cost of attendance" means the estimated costs associated with attending a
46Utah postsecondary institution, as established by the Utah postsecondary
47institution in accordance with board policies.
48(ii) "Cost of attendance" includes costs payable to the Utah postsecondary institution,
49other direct educational expenses, transportation, and living expenses while
50attending the Utah postsecondary institution.
51(b) "Eligible student" means a financially needy student who is:
52(i) unconditionally admitted to and enrolled at a Utah postsecondary institution on at
53least a half-time basis, as defined by the board, in an eligible postsecondary
54program leading to a defined education or training objective, as defined by the
55board;
56(ii) making satisfactory academic progress, as defined by the Utah postsecondary
57institution in published policies or rules, toward an education or training objective;
58(iii)[(A)] a resident student under Section 53H-11-202 and rules of the board; [or]
59and
60[(B) exempt from paying the nonresident portion of total tuition under Section
6153H-11-203; and]
62(iv) not a graduate student.
63(c) "Financially needy student" means a student who demonstrates the financial inability
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64to meet all or a portion of the cost of attendance at a Utah postsecondary institution
65for any period of attendance as defined by the board, after considering the student's
66expected family contribution.
67(d) "Fiscal year" means the fiscal year of the state.
68(e) "Partner award" means a financial award described in this section.
69(f) "Program" means the Utah Promise Program.
70(g) "Promise partner" means an employer that participates in the program described in
71this section.
72(h) "Utah postsecondary institution" means:
73(i) an institution of higher education; or
74(ii) a Utah private, nonprofit postsecondary educational institution.
75   (2) The Legislature finds that:
76(a) the prosperity, economic success, and general welfare of the people of Utah and of
77the state are directly related to the educational levels and skills of the citizens of the
78state; and
79(b) financial assistance, to bridge the gap between a financially needy student's resources
80and the cost of attendance at a Utah postsecondary institution, is a necessary
81component for ensuring access to postsecondary education and training.
82   (3) There is created the Utah Promise Program to provide financial assistance to students.
83   (4) The board shall annually submit an electronic report to the Higher Education
84Appropriations Subcommittee regarding the Utah Promise Program.
85   (5)(a) As part of the Utah Promise Program and in accordance with this section, the
86board shall allocate available money to each Utah postsecondary institution to use to
87award promise grants to eligible students to pay the eligible student's cost of
88attendance.
89(b) An eligible student may apply for a promise grant in accordance with procedures
90established by board rule.
91(c) The amount of a promise grant to an eligible student may not exceed the amount
92equal to the difference between:
93(i) the eligible student's cost of attendance; and
94(ii) the total value of other financial aid that the eligible student receives toward the
95eligible student's cost of attendance.
96(d) An eligible student may transfer a promise grant to one or more other Utah
97postsecondary institutions.
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98   (6) In administering this section, the board shall use a packaging approach that ensures that
99Utah postsecondary institutions combine loans, grants, employment, and family and
100individual contributions toward financing the cost of attendance.
101   (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
102board shall make rules establishing:
103(a) an application process;
104(b) eligibility criteria, including:
105(i) criteria related to academic achievement and enrollment status; and
106(ii) a requirement that an applicant demonstrate completion of the Free Application
107for Federal Student Aid, unless the student or the student's parent opts out in
108accordance with board rule;
109(c) how a student demonstrates financial need;
110(d) a formula to determine the allocation of money to Utah postsecondary institutions in
111accordance with Subsection (5), taking into account:
112(i) the cost of attendance for programs offered by Utah postsecondary institutions; and
113(ii) the number of eligible students who attend each Utah postsecondary institution;
114and
115(e) a methodology for prioritizing award of promise grants based primarily on financial
116need.
117   (8) A student is eligible for a promise grant until the student:
118(a) earns a first bachelor's degree; or
119(b) completes 120 credit hours.
120   (9) The board or a Utah postsecondary institution may not represent to a recipient or a
121potential recipient of a promise grant that promise grants will remain available in
122perpetuity.
123   (10)(a) The board may require a Utah postsecondary institution to enter into a
124participation agreement before the Utah postsecondary institution may award promise
125grants.
126(b) In a participation agreement, the board shall include a requirement that the Utah
127postsecondary institution:
128(i) provide to the board information necessary to administer the promise grants;
129(ii) comply with this section and board rules related to the promise grants;
130(iii) submit reports related to the promise grants as required by board rule; and
131(iv) cooperate in any review or financial audit related to the promise grants that the
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132board determines necessary.
133   (11)(a) The board may use up to 2% of the money appropriated for promise grants for
134costs related to administering the promise grants.
135(b) A Utah postsecondary institution may use up to 3% of the money the Utah
136postsecondary institution receives for promise grants for costs related to
137administering the promise grants.
138   (12) The board may supplement state appropriations for the program with private
139contributions.
140   (13) As part of the Utah Promise Program, the board may select employers to be promise
141partners.
142   (14) The board may select an employer as a promise partner if the employer:
143(a) applies to the board to be a promise partner; and
144(b) meets other requirements established by the board in the rules described in
145Subsection (18).
146   (15) An individual employed by, or who is a dependent of an employee of, a promise
147partner is eligible to receive a partner award if the individual:
148(a) applies for a partner award;
149(b) is admitted to and enrolled in a Utah postsecondary institution; and
150(c) maintains the eligibility requirements described in this Subsection (15) for the full
151length of time the individual receives the partner award.
152   (16)(a) Subject to legislative appropriations and Subsection (16)(b), the board shall
153award a partner award to an individual who meets the requirements described in
154Subsection (15).
155(b) The board may:
156(i) award a partner award for up to the portion of tuition and fees for a program at a
157Utah postsecondary institution that is not covered by a promise partnership
158described in Subsection (18)(a); and
159(ii) prioritize awarding partner awards if an appropriation for partner awards is not
160sufficient to provide a partner award to each individual who is eligible under
161Subsection (15).
162(c) The board may continue to award a partner award to a recipient who meets the
163requirements described in Subsection (15) until the earlier of:
164(i) four years after the day on which the individual initially receives a partner award;
165(ii) when the recipient uses a partner award to attend a Utah postsecondary institution
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166for eight semesters; or
167(iii) when the recipient completes an approved program.
168   (17) The board may name a specific promise grant after the donating business.
169   (18) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
170board shall make rules that establish:
171(a) a process for a business to seek and receive approval from the board to become a
172promise partner, including providing funds for tuition and fees to be distributed under
173the Utah Promise Program;
174(b) a process for an individual to apply for a partner award; and
175(c) criteria for the board to prioritize awarding partner awards to individuals.
176   (19) The board may allow an individual to apply directly to the board for a partner award.
177Section 3. Section 63G-12-402 is amended to read:
17863G-12-402 . Receipt of state, local, or federal public benefits -- Verification --
179   Exceptions -- Fraudulently obtaining benefits -- Criminal penalties -- Annual report.
180   (1)(a) Except as provided in Subsection (3) or when exempted by federal law, an agency
181or political subdivision of the state shall verify the lawful presence in the United
182States of an individual at least 18 years old who applies for:
183(i) a state or local public benefit as defined in 8 U.S.C. Sec. 1621; or
184(ii) a federal public benefit as defined in 8 U.S.C. Sec. 1611, that is administered by
185an agency or political subdivision of this state.
186(b) For purpose of a license issued under Title 58, Chapter 55, Utah Construction Trades
187Licensing Act, to an applicant that is an unincorporated entity, the Department of
188Commerce shall verify in accordance with this Subsection (1) the lawful presence in
189the United States of each individual who:
190(i) owns an interest in the contractor that is an unincorporated entity; and
191(ii) engages, or will engage, in a construction trade in Utah as an owner of the
192contractor described in Subsection (1)(b)(i).
193   (2) This section shall be enforced without regard to race, religion, gender, ethnicity, or
194national origin.
195   (3) Verification of lawful presence under this section is not required for:
196(a) any purpose for which lawful presence in the United States is not restricted by law,
197ordinance, or regulation;
198(b) assistance for health care items and services that:
199(i) are necessary for the treatment of an emergency medical condition, as defined in
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20042 U.S.C. Sec. 1396b(v)(3), of the individual involved; and
201(ii) are not related to an organ transplant procedure;
202      (c) short-term, noncash, in-kind emergency disaster relief;
203      (d) public health assistance for immunizations with respect to immunizable diseases and
204for testing and treatment of symptoms of communicable diseases whether or not the
205symptoms are caused by the communicable disease;
206      (e) programs, services, or assistance such as soup kitchens, crisis counseling and
207intervention, and short-term shelter, specified by the United States Attorney General,
208in the sole and unreviewable discretion of the United States Attorney General after
209consultation with appropriate federal agencies and departments, that:
210(i) deliver in-kind services at the community level, including through public or
211private nonprofit agencies;
212(ii) do not condition the provision of assistance, the amount of assistance provided, or
213the cost of assistance provided on the income or resources of the individual
214recipient; and
215(iii) are necessary for the protection of life or safety;
216      [(f) the exemption for paying the nonresident portion of total tuition as set forth in
217Section 53H-11-203;]
218      [(g)] (f) an applicant for a license under Section 61-1-4, if the applicant:
219(i) is registered with the Financial Industry Regulatory Authority; and
220(ii) files an application with the state Division of Securities through the Central
221Registration Depository; and
222      [(h)] (g) a state public benefit to be given to an individual under Title 49, Utah State
223Retirement and Insurance Benefit Act[;] .
224      [(i) a home loan that will be insured, guaranteed, or purchased by:]
225[(i) the Federal Housing Administration, the Veterans Administration, or any other
226federal agency; or]
227[(ii) an enterprise as defined in 12 U.S.C. Sec. 4502;]
228      [(j) a subordinate loan or a grant that will be made to an applicant in connection with a
229home loan that does not require verification under Subsection (3)(i);]
230      [(k) an applicant for a license issued by the Department of Commerce or individual
231described in Subsection (1)(b), if the applicant or individual provides the Department
232of Commerce:]
233[(i) certification, under penalty of perjury, that the applicant or individual is:]
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234[(A) a United States citizen;]
235[(B) a qualified alien as defined in 8 U.S.C. Sec. 1641; or]
236[(C) lawfully present in the United States; and]
237[(ii)(A) the number assigned to a driver license or identification card issued under
238Title 53, Chapter 3, Uniform Driver License Act; or]
239[(B) the number assigned to a driver license or identification card issued by a state
240other than Utah if, as part of issuing the driver license or identification card,
241the state verifies an individual's lawful presence in the United States; and]
242[(l) an applicant for:]
243[(i) an Opportunity scholarship described in Section 53H-11-402;]
244[(ii) a New Century scholarship described in Section 53H-11-407;]
245[(iii) a promise grant described in Section 53H-11-414; or]
246[(iv) a scholarship:]
247[(A) for an individual who is a graduate of a high school located within Utah; and]
248[(B) administered by an institution of higher education as defined in Section
24953H-1-101.]
250   (4)(a) An agency or political subdivision required to verify the lawful presence in the
251United States of an applicant under this section shall require the applicant to certify
252under penalty of perjury that:
253(i) the applicant is a United States citizen; or
254(ii) the applicant is:
255(A) a qualified alien as defined in 8 U.S.C. Sec. 1641; and
256(B) lawfully present in the United States.
257(b) The certificate required under this Subsection (4) shall include a statement advising
258the signer that providing false information subjects the signer to penalties for perjury.
259   (5) An agency or political subdivision shall verify a certification required under Subsection
260(4)(a)(ii) through the federal SAVE program.
261   (6)(a) An individual who knowingly and willfully makes a false, fictitious, or fraudulent
262statement or representation in a certification under [Subsection (3)(k) or] Section (4)
263is subject to the criminal penalties applicable in this state for:
264(i) making a written false statement under Section 76-8-504; and
265(ii) fraudulently obtaining:
266(A) public assistance program benefits under Section 76-8-1203.1; or
267(B) unemployment compensation under Section 76-8-1301, 76-8-1302, 76-8-1303,
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268or 76-8-1304.
269(b) If the certification constitutes a false claim of United States citizenship under 18
270U.S.C. Sec. 911, the agency or political subdivision shall file a complaint with the
271United States Attorney General for the applicable district based upon the venue in
272which the application was made.
273(c) If an agency or political subdivision receives verification that a person making an
274application for a benefit, service, or license is not a qualified alien, the agency or
275political subdivision shall provide the information to the Office of the Attorney
276General unless prohibited by federal mandate.
277   (7) An agency or political subdivision may adopt variations to the requirements of this
278section that:
279(a) clearly improve the efficiency of or reduce delay in the verification process; or
280(b) provide for adjudication of unique individual circumstances where the verification
281procedures in this section would impose an unusual hardship on a legal resident of
282Utah.
283   (8) It is unlawful for an agency or a political subdivision of this state to provide a state,
284local, or federal benefit, as defined in 8 U.S.C. [Sec] Secs. 1611 and 1621, in violation of
285this section.
286   (9) A state agency or department that administers a program of state or local public benefits
287shall:
288(a) provide an annual report to the governor, the president of the Senate, and the speaker
289of the House of Representatives regarding [its] compliance with this section; and
290(b)(i) monitor the federal SAVE program for application verification errors and
291significant delays;
292(ii) provide an annual report on the errors and delays to ensure that the application of
293the federal SAVE program is not erroneously denying a state or local benefit to a
294legal resident of the state; and
295(iii) report delays and errors in the federal SAVE program to the United States
296Department of Homeland Security.
297Section 4. Section 76-14-207 is amended to read:
29876-14-207 . Proof of immigration status required to receive public benefits.
299   (1)(a) An agency that provides state or local public benefits as defined in 8 U.S.C. Sec.
3001621 shall comply with Section 63G-12-402 and shall also comply with this section,
301except:
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302(i) as provided in [Subsection 63G-12-402(3)(g) or (k)] Section 63G-12-402(3)(f); or
303(ii) when compliance is exempted by federal law or when compliance could
304reasonably be expected to be grounds for the federal government to withhold
305federal Medicaid funding.
306(b) The agency shall verify an individual's lawful presence in the United States by
307requiring that the applicant under this section sign a certificate under penalty of
308perjury, stating that the applicant:
309(i) is a United States citizen; or
310(ii) is a qualified alien as defined by 8 U.S.C. Sec. 1641.
311(c) The certificate under Subsection (1)(b) shall include a statement advising the signer
312that providing false information subjects the signer to penalties for perjury.
313(d) The signature under this Subsection (1) may be executed in person or electronically.
314(e) When an applicant who is a qualified alien has executed the certificate under this
315section, the applicant's eligibility for benefits shall be verified by the agency through
316the federal SAVE program or an equivalent program designated by the United States
317Department of Homeland Security.
318   (2) An individual who knowingly and willfully makes a false, fictitious, or fraudulent
319statement of representation in a certificate executed under this section is guilty of public
320assistance fraud by an applicant for public assistance under Section 76-8-1203.1.
321   (3) If the certificate constitutes a false claim of United States citizenship under 18 U.S.C.
322Sec. 911, the agency requiring the certificate shall file a complaint with the United
323States Attorney for the applicable federal judicial district based upon the venue in which
324the certificate was executed.
325   (4) Agencies may, with the concurrence of the Utah Attorney General, adopt variations to
326the requirements of the provisions of this section that provide for adjudication of unique
327individual circumstances in which the verification procedures in this section would
328impose unusual hardship on a legal resident of this state.
329   (5) If an agency under Subsection (1) receives verification that an individual making an
330application for a benefit, service, or license is not a qualified alien, the agency shall
331provide the information to the local law enforcement agency for enforcement of public
332assistance fraud by an applicant for public assistance under Section 76-8-1203.1 unless
333prohibited by federal mandate.
334Section 5. Effective Date.
335   This bill takes effect on May 6, 2026.
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