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H.B. 331 Enrolled
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:
AMENDS:
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 [
(2) [
of attending an institution of higher education [
student:
(a) maintain continuous Utah residency status [
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.
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the immediate members of their families residing with them in this state are entitled to resident status
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.
[
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
citizens.
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with this section[
(a) concerning the definition of resident and nonresident students [
(b) establishing procedures for classifying and reclassifying students [
(c) establishing criteria for determining qualifying credit hours and judging claims of
residency[
(d) establishing appeals procedures; and
(e) other matters related to this section.
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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.
[
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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