H.B. 208

1

MODIFICATION OF EXEMPTION FROM
2 NONRESIDENT TUITION
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Richard A. Greenwood
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies eligibility criteria for an exemption from the nonresident portion of
11 total tuition at a state institution of higher education.
12 Highlighted Provisions:
13 This bill:
14 . limits an exemption from the nonresident portion of total tuition at a state institution
15 of higher education to students who are not employed or do not earn income in the
16 United States during the calendar year without federal authorization; and
17 . makes technical corrections.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 53B-8-106, as enacted by Laws of Utah 2002, Chapter 230
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 53B-8-106 is amended to read:

28 53B-8-106. Resident tuition -- Requirements -- Rules.
29 (1) [If allowed under federal law, a] A student, other than a nonimmigrant alien within
30 the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States
31 Code, shall be exempt from paying the nonresident portion of total tuition if the student:
32 (a) attended high school in this state for three or more years;
33 (b) graduated from a high school in this state or received the equivalent of a high
34 school diploma in this state; and
35 (c) registers as an entering student at an institution of higher education not earlier than
36 the fall of the 2002-03 academic year.
37 (2) In addition to the requirements under Subsection (1), a student without lawful
38 immigration status shall file an affidavit with the institution of higher education stating that the
39 student has filed an application to legalize his immigration status, or will file an application as
40 soon as he is eligible to do so.
41 (3) (a) Beginning on January 1, 2010, a student may not be employed or earn income in
42 the United States during a calendar year that the student claims the exemption under
43 Subsection (1) unless the student's employment is authorized by an appropriate federal agency.
44 (b) If a student is employed or earns income in the United States during a calendar year
45 that the student claims the exemption in violation of the provisions under Subsection (3)(a), the
46 student shall be permanently ineligible for the exemption under Subsection (1).
47 (c) A student who claims the exemption under Subsection (1) shall, prior to registering
48 for each term or semester, file an affidavit with the institution of higher education stating that
49 the student has not been employed or earned income in the United States during the calendar
50 year in accordance with the requirements under this Subsection (3).
51 [(3)] (4) The State Board of Regents shall make rules for the implementation of this
52 section.
53 [(4)] (5) Nothing in this section limits the ability of institutions of higher education to
54 assess nonresident tuition on students who do not meet the requirements under this section.

Legislative Review Note
as of 12-2-08 11:11 AM

Office of Legislative Research and General Counsel