First Substitute H.B. 191

Representative Bill Wright proposes the following substitute bill:

1 NONRESIDENT TUITION WAIVER AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Carl Wimmer
5 Senate Sponsor: David P. Hinkins
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to an exemption from the nonresident portion of
10 total tuition within the State System of Higher Education.
11 Highlighted Provisions:
12 This bill:
13 . requires a student to prove that the student, or the student's parent or legal guardian,
14 paid Utah income taxes during the prior year to qualify for an exemption from the
15 nonresident portion of total tuition; and
16 . makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill takes effect on July 1, 2011.
21 Utah Code Sections Affected:
22 AMENDS:
23 53B-8-106, as enacted by Laws of Utah 2002, Chapter 230
24
25 Be it enacted by the Legislature of the state of Utah:

26 Section 1. Section 53B-8-106 is amended to read:
27 53B-8-106. Resident tuition -- Requirements -- Rules.
28 (1) If allowed under federal law, a student, other than a nonimmigrant alien within the
29 meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States
30 Code, shall be exempt from paying the nonresident portion 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
33 school diploma in this state; [and]
34 (c) registers as an entering student at an institution of higher education not earlier than
35 the fall of the 2002-03 academic year[.]; and
36 (d) provides proof that the student, or the student's parent or legal guardian, paid Utah
37 resident income taxes for the previous year.
38 (2) In addition to the requirements under Subsection (1), a student without lawful
39 immigration status shall file an affidavit with the institution of higher education stating that the
40 student has filed an application to legalize his immigration status, or will file an application as
41 soon as he is eligible to do so.
42 (3) The State Board of Regents shall make rules for the implementation of this section.
43 (4) Nothing in this section limits the ability of institutions of higher education to assess
44 nonresident tuition on students who do not meet the requirements under this section.
45 Section 2. Effective date.
46 This bill takes effect on July 1, 2011.