1     
RESIDENT STUDENT TUITION AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marie H. Poulson

5     
Senate Sponsor: Peter C. Knudson

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions regarding resident student tuition for military
10     servicemembers and their immediate family members.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends definitions; and
14          ▸     requires an institution of higher education to grant resident student status for tuition
15     purposes to military servicemembers, and their immediate family members, who
16     maintain domicile in Utah.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          This bill provides a special effective date.
21     Utah Code Sections Affected:
22     AMENDS:
23          53B-8-102 (Effective 07/01/16), as last amended by Laws of Utah 2015, Chapters 125
24     and 141
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 53B-8-102 (Effective 07/01/16) is amended to read:
28          53B-8-102 (Effective 07/01/16). Definitions -- Resident student status --
29     Exceptions.

30          (1) As used in this section:
31          (a) "Eligible person" means an individual who is entitled to benefits under 38 U.S.C.
32     Chapter 30, Montgomery G.I. Bill - Active Duty Educational Assistance Program, or Chapter
33     33, Post 9/11 Educational Assistance Program.
34          (b) "Immediate family member" means an individual's spouse or dependent child.
35          (c) "Military servicemember" means an individual who:
36          [(i) an individual who is]
37          (i) is serving on active duty in the United States Armed Forces within the state of Utah;
38          [(ii) an individual who is]
39          (ii) is a member of a reserve component of the United States Armed Forces assigned in
40     Utah; [or]
41          [(iii) an individual who is]
42          (iii) is a member of the Utah National Guard[.]; or
43          (iv) maintains domicile in Utah, as described in Subsection (9)(a), but is assigned
44     outside of Utah pursuant to federal permanent change of station orders.
45          (d) "Military veteran" has the same meaning as veteran in Section 68-3-12.5.
46          (e) "Parent" means a student's biological or adoptive parent.
47          (2) The meaning of "resident student" is determined by reference to the general law on
48     the subject of domicile, except as provided in this section.
49          (3) (a) Institutions within the state system of higher education may grant resident
50     student status to any student who has come to Utah and established residency for the purpose of
51     attending an institution of higher education, and who, prior to registration as a resident student:
52          (i) has maintained continuous Utah residency status for one full year;
53          (ii) has signed a written declaration that the student has relinquished residency in any
54     other state; and
55          (iii) has submitted objective evidence that the student has taken overt steps to establish
56     permanent residency in Utah and that the student does not maintain a residence elsewhere.
57          (b) Evidence to satisfy the requirements under Subsection (3)(a)(iii) includes:

58          (i) a Utah high school transcript issued in the past year confirming attendance at a Utah
59     high school in the past 12 months;
60          (ii) a Utah voter registration dated a reasonable period prior to application;
61          (iii) a Utah driver license or identification card with an original date of issue or a
62     renewal date several months prior to application;
63          (iv) a Utah vehicle registration dated a reasonable period prior to application;
64          (v) evidence of employment in Utah for a reasonable period prior to application;
65          (vi) proof of payment of Utah resident income taxes for the previous year;
66          (vii) a rental agreement showing the student's name and Utah address for at least 12
67     months prior to application; and
68          (viii) utility bills showing the student's name and Utah address for at least 12 months
69     prior to application.
70          (c) A student who is claimed as a dependent on the tax returns of a person who is not a
71     resident of Utah is not eligible to apply for resident student status.
72          (4) Except as provided in Subsection (8), an institution within the state system of
73     higher education may establish stricter criteria for determining resident student status.
74          (5) If an institution does not have a minimum credit-hour requirement, that institution
75     shall honor the decision of another institution within the state system of higher education to
76     grant a student resident student status, unless:
77          (a) the student obtained resident student status under false pretenses; or
78          (b) the facts existing at the time of the granting of resident student status have changed.
79          (6) Within the limits established in Title 53B, Chapter 8, Tuition Waiver and
80     Scholarships, each institution within the state system of higher education may, regardless of its
81     policy on obtaining resident student status, waive nonresident tuition either in whole or in part,
82     but not other fees.
83          (7) In addition to the waivers of nonresident tuition under Subsection (6), each
84     institution may, as athletic scholarships, grant full waiver of fees and nonresident tuition, up to
85     the maximum number allowed by the appropriate athletic conference as recommended by the

86     president of each institution.
87          (8) Notwithstanding Subsection (3), an institution within the state system of higher
88     education shall grant resident student status for tuition purposes to:
89          (a) a military servicemember, if the military servicemember provides:
90          (i) the military servicemember's current United States military identification card; and
91          (ii) (A) a statement from the military servicemember's current commander, or
92     equivalent, stating that the military servicemember is assigned in Utah; or
93          (B) evidence that the military servicemember is domiciled in Utah, as described in
94     Subsection (9)(a);
95          (b) a military servicemember's immediate family member, if the military
96     servicemember's immediate family member provides:
97          (i) [one of the following:] (A) the military servicemember's current United States
98     military identification card; or
99          (B) the immediate family member's current United States military identification card;
100     and
101          (ii) (A) a statement from the military servicemember's current commander, or
102     equivalent, stating that the military servicemember is assigned in Utah; or
103          (B) evidence that the military servicemember is domiciled in Utah, as described in
104     Subsection (9)(a);
105          (c) a military veteran, regardless of whether the military veteran served in Utah, if the
106     military veteran provides:
107          (i) evidence of an honorable or general discharge;
108          (ii) a signed written declaration that the military veteran has relinquished residency in
109     any other state and does not maintain a residence elsewhere;
110          (iii) objective evidence that the military veteran has demonstrated an intent to establish
111     residency in Utah, which may include any one of the following:
112          (A) a Utah voter registration card;
113          (B) a Utah driver license or identification card;

114          (C) a Utah vehicle registration;
115          (D) evidence of employment in Utah;
116          (E) a rental agreement showing the military veteran's name and Utah address; or
117          (F) utility bills showing the military veteran's name and Utah address;
118          (d) a military veteran's immediate family member, regardless of whether the military
119     veteran served in Utah, if the military veteran's immediate family member provides:
120          (i) evidence of the military veteran's honorable or general discharge within the last five
121     years;
122          (ii) a signed written declaration that the military veteran's immediate family member
123     has relinquished residency in any other state and does not maintain a residence elsewhere; and
124          (iii) objective evidence that the military veteran's immediate family member has
125     demonstrated an intent to establish residency in Utah, which may include any one of the items
126     described in Subsection (8)(c)(iii); [and] or
127          (e) an eligible person who provides:
128          (i) evidence of eligibility under 38 U.S.C. Chapter 30, Montgomery G.I. Bill - Active
129     Duty Educational Assistance Program, or Chapter 33, Post 9/11 Educational Assistance
130     Program;
131          (ii) a signed written declaration that the eligible person will use the G.I. Bill benefits;
132     and
133          (iii) objective evidence that the eligible person has demonstrated an intent to establish
134     residency in Utah, which may include any one of the items described in Subsection (8)(c)(iii).
135          (9) (a) The evidence described in Subsection (8)(a)(ii)(B) or (8)(b)(ii)(B) includes:
136          (i) a current Utah voter registration card;
137          (ii) a valid Utah driver license or identification card;
138          (iii) a current Utah vehicle registration;
139          (iv) a copy of a Utah income tax return, in the military servicemember's or military
140     servicemember's spouse's name, filed as a resident in accordance with Section 59-10-502; or
141          (v) proof that the military servicemember or military servicemember's spouse owns a

142     home in Utah, including a property tax notice for property owned in Utah.
143          [(9) (a)] (b) Aliens who are present in the United States on visitor, student, or other
144     visas which authorize only temporary presence in this country, do not have the capacity to
145     intend to reside in Utah for an indefinite period and therefore are classified as nonresidents.
146          [(b)] (c) Aliens who have been granted immigrant or permanent resident status in the
147     United States are classified for purposes of resident student status according to the same
148     criteria applicable to citizens.
149          (10) Any American Indian who is enrolled on the tribal rolls of a tribe whose
150     reservation or trust lands lie partly or wholly within Utah or whose border is at any point
151     contiguous with the border of Utah, and any American Indian who is a member of a federally
152     recognized or known Utah tribe and who has graduated from a high school in Utah, is entitled
153     to resident student status.
154          (11) A Job Corps student is entitled to resident student status if the student:
155          (a) is admitted as a full-time, part-time, or summer school student in a program of
156     study leading to a degree or certificate; and
157          (b) submits verification that the student is a current Job Corps student.
158          (12) A person is entitled to resident student status and may immediately apply for
159     resident student status if the person:
160          (a) marries a Utah resident eligible to be a resident student under this section; and
161          (b) establishes his or her domicile in Utah as demonstrated by objective evidence as
162     provided in Subsection (3).
163          (13) Notwithstanding Subsection (3)(c), a dependent student who has at least one
164     parent who has been domiciled in Utah for at least 12 months prior to the student's application
165     is entitled to resident student status.
166          (14) (a) A person who has established domicile in Utah for full-time permanent
167     employment may rebut the presumption of a nonresident classification by providing substantial
168     evidence that the reason for the individual's move to Utah was, in good faith, based on an
169     employer requested transfer to Utah, recruitment by a Utah employer, or a comparable

170     work-related move for full-time permanent employment in Utah.
171          (b) All relevant evidence concerning the motivation for the move shall be considered,
172     including:
173          (i) the person's employment and educational history;
174          (ii) the dates when Utah employment was first considered, offered, and accepted;
175          (iii) when the person moved to Utah;
176          (iv) the dates when the person applied for admission, was admitted, and was enrolled
177     as a postsecondary student;
178          (v) whether the person applied for admission to an institution of higher education
179     sooner than four months from the date of moving to Utah;
180          (vi) evidence that the person is an independent person who is:
181          (A) at least 24 years of age; or
182          (B) not claimed as a dependent on someone else's tax returns; and
183          (vii) any other factors related to abandonment of a former domicile and establishment
184     of a new domicile in Utah for purposes other than to attend an institution of higher education.
185          (15) (a) A person who is in residence in Utah to participate in a United States Olympic
186     athlete training program, at a facility in Utah, approved by the governing body for the athlete's
187     Olympic sport, shall be entitled to resident status for tuition purposes.
188          (b) Upon the termination of the athlete's participation in the training program, the
189     athlete shall be subject to the same residency standards applicable to other persons under this
190     section.
191          (c) Time spent domiciled in Utah during the Olympic athlete training program in Utah
192     counts for Utah residency for tuition purposes upon termination of the athlete's participation in
193     a Utah Olympic athlete training program.
194          (16) (a) A person who has established domicile in Utah for reasons related to divorce,
195     the death of a spouse, or long-term health care responsibilities for an immediate family
196     member, including the person's spouse, parent, sibling, or child, may rebut the presumption of a
197     nonresident classification by providing substantial evidence that the reason for the individual's

198     move to Utah was, in good faith, based on the long-term health care responsibilities.
199          (b) All relevant evidence concerning the motivation for the move shall be considered,
200     including:
201          (i) the person's employment and educational history;
202          (ii) the dates when the long-term health care responsibilities in Utah were first
203     considered, offered, and accepted;
204          (iii) when the person moved to Utah;
205          (iv) the dates when the person applied for admission, was admitted, and was enrolled
206     as a postsecondary student;
207          (v) whether the person applied for admission to an institution of higher education
208     sooner than four months from the date of moving to Utah;
209          (vi) evidence that the person is an independent person who is:
210          (A) at least 24 years of age; or
211          (B) not claimed as a dependent on someone else's tax returns; and
212          (vii) any other factors related to abandonment of a former domicile and establishment
213     of a new domicile in Utah for purposes other than to attend an institution of higher education.
214          (17) The board, after consultation with the institutions, shall make rules not
215     inconsistent with this section:
216          (a) concerning the definition of resident and nonresident students;
217          (b) establishing procedures for classifying and reclassifying students;
218          (c) establishing criteria for determining and judging claims of residency or domicile;
219          (d) establishing appeals procedures; and
220          (e) other matters related to this section.
221          (18) A student shall be exempt from paying the nonresident portion of total tuition if
222     the student:
223          (a) is a foreign national legally admitted to the United States;
224          (b) attended high school in this state for three or more years; and
225          (c) graduated from a high school in this state or received the equivalent of a high

226     school diploma in this state.
227          Section 2. Effective date.
228          This bill takes effect on July 1, 2016.