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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:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 53B-8-107, as last amended by Laws of Utah 2008, Chapter 184
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.
47 (3) A state institution of higher education shall waive undergraduate tuition for [
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 .
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.
69 for costs incurred in providing the tuition waiver under this section.
Legislative Review Note
as of 2-8-11 5:05 PM