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6 This act modifies the State System of Higher Education Code by amending the definition of
7 a resident student for tuition purposes.
8 This act affects sections of Utah Code Annotated 1953 as follows:
10 53B-8-102, as enacted by Chapters 67 and 167, Laws of Utah 1987
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 53B-8-102 is amended to read:
13 53B-8-102. Definition of resident student.
14 (1) The meaning of "resident student" is determined by reference to the general law on the
15 subject of domicile, except [
16 (2) [
17 of attending an institution of higher education [
19 (a) maintain continuous Utah residency status [
21 while completing 60 semester credit hours at a regionally accredited Utah higher education
22 institution or an equivalent number of applicable contact hours at the Utah College of Applied
23 Technology; and
24 (b) demonstrate by additional objective evidence, including Utah voter registration, Utah
25 drivers license, Utah vehicle registration, employment in Utah, payment of Utah resident income
26 taxes, and Utah banking connections, the establishment of a domicile in Utah and that the student
27 does not maintain a residence elsewhere.
57 the immediate members of their families residing with them in this state are entitled to resident
58 status for tuition purposes. Upon the termination of active duty status, the military personnel and
59 their family members are governed by the standards applicable to nonmilitary persons.
61 which authorize only temporary presence in this country, do not have the capacity to intend to
62 reside in Utah for an indefinite period and therefore are classified as nonresidents.
63 (b) Aliens who have been granted immigrant or permanent resident status in the United
64 States are classified for purposes of resident status according to the same criteria applicable to
67 inconsistent with this section[
68 (a) concerning the definition of resident and nonresident students [
69 (b) establishing procedures for classifying and reclassifying students [
70 (c) establishing criteria for determining qualifying credit hours and judging claims of
72 (d) establishing appeals procedures; and
73 (e) other matters related to this section.
75 reservation or trust lands lie partly or wholly within Utah or whose border is at any point
76 contiguous with the border of Utah, and any American Indian who is a member of a federally
77 recognized or known Utah tribe and who has graduated from a high school in Utah, is entitled to
78 resident student status.
80 that a person is a resident student unless the determination was obtained by false pretenses or the
81 facts which existed at the time of the determination have materially changed.
Legislative Review Note
as of 2-26-02 2:38 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.