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H.B. 331 Enrolled






Sponsor: Jeff Alexander

                  This act modifies the State System of Higher Education Code by amending the definition of
                  a resident student for tuition purposes.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                      53B-8-102, as enacted by Chapters 67 and 167, Laws of Utah 1987
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 53B-8-102 is amended to read:
                       53B-8-102. Definition of resident student.
                      (1) The meaning of "resident student" is determined by reference to the general law on the
                  subject of domicile, except [that the following rules are applicable:] as provided in this section.
                      (2) [An adult] A person who has come to Utah and established residency for the purpose
                  of attending an institution of higher education [must] shall, prior to registration as a resident
                      (a) maintain continuous Utah residency status [for one full year prior to the beginning of
                  the academic period for which registration as a resident student is sought, and, in each case, must]
                  while completing 60 semester credit hours at a regionally accredited Utah higher education
                  institution or an equivalent number of applicable contact hours at the Utah College of Applied
                  Technology; and
                      (b) demonstrate by additional objective evidence, including Utah voter registration, Utah
                  drivers license, Utah vehicle registration, employment in Utah, payment of Utah resident income
                  taxes, and Utah banking connections, the establishment of a domicile in Utah and that the student
                  does not maintain a residence elsewhere.
                      [(3) Except as provided in Subsection (4), the domicile of a minor student is determined
                  according to the following standards:]

                      [(a) Unless the contrary is shown by competent evidence, the domicile of a minor is normally
                  that of the minor's father, or if the father is dead, that of the minor's mother. If both parents are dead,
                  it is normally the domicile of the most recently deceased parent, or, if there is a duly appointed
                  guardian, then the minor's domicile is that of the duly appointed guardian.]
                      [(b) A minor whose parents move to Utah to establish a permanent domicile, and not for the
                  primary purpose of allowing the minor to attend an institution of higher education as a resident, is
                  immediately eligible to register as a resident student.]
                      [(c) A minor enrolled as a resident student will not lose that classification because his
                  parents or guardian remove their legal residence from the state during the continuous period of the
                  minor's higher education, unless the parents or guardian came to the state as a means of gaining
                  residency for the minor.]
                      [(4) (a) If the custody of a minor has been granted to any person by court order or by foster
                  placement with Utah resident families if the placement has been made by a licensed child placement
                  agency, the domicile of the person to whom custody was awarded constitutes the domicile of the
                      [(b) If the minor's parents are divorced or separated, but custody has not been awarded, the
                  minor's domicile is determined from all of the relevant circumstances.]
                      [(c) The domicile of a person in loco parentis to an abandoned minor constitutes the                   domicile
                  of the abandoned minor, if the abandonment was not for the purpose of enabling the minor to qualify
                  for resident status.]
                      [(d) If the abandonment of a minor was for the purpose of enabling the minor to qualify for
                  resident status, the domicile of the minor is determined from all of the relevant circumstances
                  without regard for the abandonment.]
                      [(e) An emancipated minor may qualify for residence under the rules applicable to adults,
                  provided that the board has adopted standards under Subsection (7) for determining whether a minor
                  is emancipated.]
                      [(5)] (3) Personnel of the United States Armed Forces assigned to active duty in Utah, and
                  the immediate members of their families residing with them in this state are entitled to resident status

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                  for tuition purposes. Upon the termination of active duty status, the military personnel and their
                  family members are governed by the standards applicable to nonmilitary persons.
                      [(6)] (4) (a) Aliens who are present in the United States on visitor, student, or other visas
                  which authorize only temporary presence in this country, do not have the capacity to intend to reside
                  in Utah for an indefinite period and therefore are classified as nonresidents.
                      (b) Aliens who have been granted immigrant or permanent resident status in the United
                  States are classified for purposes of resident status according to the same criteria applicable to
                      [(7)] (5) The board, after consultation with the institutions, shall make rules not inconsistent
                  with this section[,]:
                      (a) concerning the definition of resident and nonresident students [and];
                      (b) establishing procedures for classifying and reclassifying students [and];
                      (c) establishing criteria for determining qualifying credit hours and judging claims of
                  residency[,] or domicile[, emancipation, abandonment, and];
                      (d) establishing appeals procedures; and
                      (e) other matters related to this section.
                      [(8)] (6) Any American Indian who is enrolled on the tribal rolls of a tribe whose reservation
                  or trust lands lie partly or wholly within Utah or whose border is at any point contiguous with the
                  border of Utah, and any American Indian who is a member of a federally recognized or known Utah
                  tribe and who has graduated from a high school in Utah, is entitled to resident student status.
                      [(9)] (7) Other institutions within the system shall honor a determination by an institution
                  that a person is a resident student unless the determination was obtained by false pretenses or the
                  facts which existed at the time of the determination have materially changed.

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