H.B. 241

1

REPEAL OF EXEMPTIONS FROM
2 NONRESIDENT TUITION
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Glenn A. Donnelson
6 Senate Sponsor: Margaret Dayton
7
8 LONG TITLE
9 General Description:
10 This bill modifies eligibility criteria for an exemption from the nonresident portion of
11 total tuition at a state institution of higher education.
12 Highlighted Provisions:
13 This bill:
14 . provides that an exemption from the nonresident portion of total tuition at a state
15 institution of higher education for students who have attended high school in the
16 state for three years and graduated from a high school in the state or received the
17 equivalent of a high school diploma shall be restricted to those students who register
18 as an entering student before May 1, 2008.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 53B-8-106, as enacted by Laws of Utah 2002, Chapter 230
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 53B-8-106 is amended to read:
29 53B-8-106. Resident tuition -- Requirements -- Rules.
30 (1) If allowed under federal law, a student, other than a nonimmigrant alien within the
31 meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States
32 Code, shall be exempt from paying the nonresident portion of total tuition if the student:
33 (a) attended high school in this state for three or more years;
34 (b) graduated from a high school in this state or received the equivalent of a high
35 school diploma in this state; and
36 (c) registers as an entering student at an institution of higher education:
37 (i) not earlier than the fall of the 2002-03 academic year[.]; and
38 (ii) before May 1, 2008.
39 (2) In addition to the requirements under Subsection (1), a student without lawful
40 immigration status shall file an affidavit with the institution of higher education stating that the
41 student has filed an application to legalize his immigration status, or will file an application as
42 soon as he is eligible to do so.
43 (3) The State Board of Regents shall make rules for the implementation of this section.
44 (4) Nothing in this section limits the ability of institutions of higher education to assess
45 nonresident tuition on students who do not meet the requirements under this section.
46 (5) An institution of higher education shall continue to provide the exemption from
47 paying the nonresident portion of total tuition for a student who entered the institution before
48 May 1, 2008, through the time that the student remains admitted as a student at that institution
49 of higher education in a program of study leading to a degree or certificate.




Legislative Review Note
as of 9-6-07 8:26 AM

Office of Legislative Research and General Counsel