H.B. 164 Enrolled

RESIDENT TUITION STATUS FOR
NATIONAL GUARD MEMBERS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Brad King

LONG TITLE
General Description:
This bill modifies the State System of Higher Education Code by providing that a
member of the Utah National Guard who performs active duty service shall be
considered to maintain continuous Utah residency for resident student purposes.
Highlighted Provisions:
This bill:
. provides that a member of the Utah National Guard who performs active duty
service shall be considered to maintain continuous Utah residency for resident
student purposes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill takes effect on July 1, 2004.
Utah Code Sections Affected:
AMENDS:
53B-8-102, as last amended by Chapter 271, Laws of Utah 2002

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 as provided in this section.

(2) (a) A person who has come to Utah and established residency for the purpose of
attending an institution of higher education shall, prior to registration as a resident student:
[(a)] (i) 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)] (ii) 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.
(b) A member of the Utah National Guard who performs active duty service shall be
considered to maintain continuous Utah residency under this Subsection (2).
(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
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.
(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
citizens.
(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;
(b) establishing procedures for classifying and reclassifying students;
(c) establishing criteria for determining qualifying credit hours and judging claims of
residency or domicile;
(d) establishing appeals procedures; and

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(e) other matters related to this section.
(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.
(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.
Section 2. Effective date.
This bill takes effect on July 1, 2004.

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