H.B. 335

1

MILITARY SURVIVORS - TUITION WAIVER
2 AMENDMENTS
3 2011 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Michael T. Morley
6 Senate Sponsor: Peter C. Knudson
7
8 LONG TITLE
9 General Description:
10 This bill amends provisions related to higher education tuition waivers for the
11 dependents of certain deceased members of the military.
12 Highlighted Provisions:
13 This bill:
14 . provides that a Utah resident or nonresident dependent of a Utah resident or
15 nonresident deceased member of the Utah National Guard may receive a higher
16 education tuition waiver; and
17 . makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 53B-8-107, as last amended by Laws of Utah 2008, Chapter 184
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 53B-8-107 is amended to read:

28 53B-8-107. Military member surviving dependents -- Tuition waiver.
29 (1) As used in this section, "qualifying deceased military member" means a person:
30 (a) who:
31 (i) is killed while serving on state or federal active duty, under orders of competent
32 authority and not as a result of the member's own misconduct; or
33 (ii) dies of wounds or injuries received while serving on state or federal active duty,
34 under orders of competent authority and not as a result of the member's own misconduct; and
35 (b) who:
36 (i) is a member of the armed forces of the United States and a Utah resident;
37 (ii) is a member of the reserve component of the armed forces on or after September
38 11, 2001, and a Utah resident; or
39 (iii) is a member of the Utah National Guard on or after September 11, 2001.
40 [(1)] (2) This section shall be known as the Scott B. Lundell Military Survivors' tuition
41 waiver.
42 [(2) If a Utah resident who is a member of the armed forces of the United States,
43 including a member of the National Guard or reserve component of the armed forces on or after
44 September 11, 2001, is killed or dies of wounds or injuries received while serving on state or
45 federal active duty, under orders of competent authority and not as a result of the member's
46 own misconduct, a]
47 (3) A state institution of higher education shall waive undergraduate tuition for [that
48 member's dependents] a dependent of a qualifying deceased military member under the
49 following conditions:
50 (a) the dependent has been accepted by the institution in accordance with the
51 institution's admissions guidelines;
52 (b) except as provided in Subsection (4), the dependent is a resident student as
53 determined under Section 53B-8-102 ;
54 (c) the dependent may not have already completed a course of studies leading to an
55 undergraduate degree;
56 (d) the dependent may only utilize the waiver for courses that are applicable toward the
57 degree or certificate requirements of the program in which the dependent is enrolled; and
58 (e) the dependent may not be excluded from the waiver if the dependent has previously

59 taken courses at or has been awarded credit by a state institution of higher education.
60 (4) Notwithstanding Subsection (3)(b), a dependent of a qualifying deceased military
61 member that was a member of the Utah National Guard is not required to be a resident student
62 as determined under Section 53B-8-102 .
63 [(3)] (5) The tuition waiver in this section is applicable for undergraduate study only.
64 [(4)] (6) The Department of Veterans' Affairs, after consultation with the adjutant
65 general if necessary, shall certify to the institution that the dependent is a surviving dependent
66 eligible for the tuition waiver in accordance with this section.
67 [(5)] (7) The waiver in this section does not apply to fees, books, or housing expenses.
68 [(6)] (8) The State Board of Regents may request reimbursement from the Legislature
69 for costs incurred in providing the tuition waiver under this section.




Legislative Review Note
as of 2-8-11 5:05 PM

Office of Legislative Research and General Counsel