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H.B. 144





Sponsor: David Ure

             5      This act modifies the State System of Higher Education code to allow a student who meets
             6      certain requirements to be exempt from paying nonresident tuition at institutions of higher
             7      education. This act requires the State Board of Regents to make rules. This act takes effect
             8      on July 1, 2002.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      ENACTS:
             11          53B-8-106, Utah Code Annotated 1953
             12      Be it enacted by the Legislature of the state of Utah:
             13          Section 1. Section 53B-8-106 is enacted to read:
             14          53B-8-106. Resident tuition -- Requirements -- Rules.
             15          (1) If allowed under federal law, a student, other than a nonimmigrant alien within the
             16      meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code,
             17      shall be exempt from paying the nonresident portion of total tuition if the student:
             18          (a) attended high school in this state for three or more years;
             19          (b) graduated from a high school in this state or received the equivalent of a high school
             20      diploma in this state; and
             21          (c) registers as an entering student at an institution of higher education not earlier than the
             22      fall of the 2002-03 academic year.
             23          (2) In addition to the requirements under Subsection (1), a student without lawful
             24      immigration status shall file an affidavit with the institution of higher education stating that the
             25      student has filed an application to legalize his immigration status, or will file an application as
             26      soon as he is eligible to do so.
             27          (3) The State Board of Regents shall make rules for the implementation of this section.

             28          (4) Nothing in this section limits the ability of institutions of higher education to assess
             29      nonresident tuition on students who do not meet the requirements under this section.
             30          Section 2. Effective date.
             31          This act takes effect on July 1, 2002.

Legislative Review Note
    as of 1-30-02 10:17 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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