First Substitute H.B. 381

Representative Craig W. Buttars proposes the following substitute bill:

1 NONRESIDENT TUITION WAIVERS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Craig W. Buttars
5
6 LONG TITLE
7 General Description:
8 This bill modifies provisions regarding tuition waivers for nonresident students
9 attending institutions within the state system of higher education.
10 Highlighted Provisions:
11 This bill:
12 . increases the number of scholarships the State Board of Regents may grant for the
13 waiver of the nonresident portion of total tuition charged to nonresident students;
14 and
15 . removes the sunset date from a nonresident tuition waiver program.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 53B-8-104.5, as enacted by Chapter 223, Laws of Utah 2003
23 63-55b-153, as last amended by Chapters 90, 251 and 328, Laws of Utah 2004
24
25 Be it enacted by the Legislature of the state of Utah:

26 Section 1. Section 53B-8-104.5 is amended to read:
27 53B-8-104.5. Nonresident tuition scholarships.
28 (1) In addition to the scholarships authorized under Section 53B-8-104 , the board may
29 grant scholarships for a waiver of the nonresident portion of total tuition charged by public
30 institutions of higher education to nonresident students, subject to the limitations provided in
31 this section, if the board determines that the scholarships will:
32 (a) assist in maintaining an adequate level of service and related cost-effectiveness of
33 auxiliary operations in Utah institutions of higher education;
34 (b) promote enrollment of nonresident students with high academic aptitudes; and
35 (c) provide for an effective transition to meet the requirements of Section 53B-8-102 .
36 (2) The board shall establish policy guidelines for the administration by institutions of
37 higher education of scholarships authorized under Subsection (1), for evaluating applicants for
38 those scholarships, and for reporting the results of the scholarship program authorized under
39 Subsection (1).
40 (3) The policy guidelines promulgated by the board under Subsection (2) shall include
41 the following provisions:
42 (a) the amount of the approved scholarship may be up to 100% of the differential
43 tuition charged to nonresident students for an equal number of credit hours of instruction;
44 (b) a maximum of one-half of the approved scholarships may be at a level of more than
45 50% of the differential tuition charged to nonresident students for an equal number of credit
46 hours of instruction;
47 (c) a nonresident scholarship may be awarded initially only to a nonresident student
48 who has not previously been enrolled in a college or university in Utah and who has enrolled
49 full time for ten or more credit hours;
50 (d) the total number of nonresident scholarships granted under Subsection (1) may not
51 exceed a total of [500] 700 such scholarships in effect at any one time;
52 (e) the board shall determine eligibility for nonresident scholarships on the basis of
53 program availability at an institution and on a competitive basis, using quantifiable
54 measurements such as grade point averages and results of test scores; and
55 (f) a nonresident student who receives a scholarship of greater than 50% of the
56 differential tuition charged to nonresident students for an equal number of credit hours of

57 instruction may not be counted against the funded target for the institution attended.
58 (4) The board shall submit an annual report and financial analysis of the effects of
59 offering nonresident tuition scholarships authorized under this section to the Legislature as part
60 of its budget recommendations for the system of higher education.
61 (5) This section applies to tuition scholarships and not the individual admission
62 standards of higher education.
63 Section 2. Section 63-55b-153 is amended to read:
64 63-55b-153. Repeal dates -- Titles 53, 53A, and 53B.
65 (1) Subsection 53-3-205 (9)(a)(i)(D) is repealed July 1, 2007.
66 (2) Subsection 53-3-804 (2)(g) is repealed July 1, 2007.
67 (3) Section 53A-1-403.5 is repealed July 1, 2007.
68 (4) Subsection 53A-1a-511 (7)(c) is repealed July 1, 2007.
69 (5) Section 53A-3-702 is repealed July 1, 2008.
70 [(6) Section 53B-8-104.5 is repealed July 1, 2009.]