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S.B. 46 Enrolled

             1     

HIGHER EDUCATION RESIDENCY REQUIREMENTS

             2     
2011 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Margaret Dayton

             5     
House Sponsor: Keith Grover

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill amends provisions related to higher education residency requirements.
             10      Highlighted Provisions:
             11          This bill:
             12          .    requires an institution of higher education to grant resident student status to the
             13      children of certain military personnel if the student produces certain information;
             14      and
             15          .    makes technical amendments.
             16      Money Appropriated in this Bill:
             17          None
             18      Other Special Clauses:
             19          None
             20      Utah Code Sections Affected:
             21      AMENDS:
             22          53B-8-102, as last amended by Laws of Utah 2009, Chapter 363
             23     
             24      Be it enacted by the Legislature of the state of Utah:
             25          Section 1. Section 53B-8-102 is amended to read:
             26           53B-8-102. Definition of resident student.
             27          (1) As used in this section, "parent" means a student's biological or adoptive parent.
             28          (2) The meaning of "resident student" is determined by reference to the general law on
             29      the subject of domicile, except as provided in this section.


             30          (3) (a) Institutions within the state system of higher education may grant resident
             31      student status to any student who has come to Utah and established residency for the purpose of
             32      attending an institution of higher education, and who, prior to registration as a resident student:
             33          (i) has maintained continuous Utah residency status for one full year;
             34          (ii) has signed a written declaration that the student has relinquished residency in any
             35      other state; and
             36          (iii) has submitted objective evidence that the student has taken overt steps to establish
             37      permanent residency in Utah and that the student does not maintain a residence elsewhere.
             38          (b) Evidence to satisfy the requirements under Subsection (3)(a)(iii) includes:
             39          (i) a Utah high school transcript issued in the past year confirming attendance at a Utah
             40      high school in the past 12 months;
             41          (ii) a Utah voter registration dated a reasonable period prior to application;
             42          (iii) a Utah driver license or identification card with an original date of issue or a
             43      renewal date several months prior to application;
             44          (iv) a Utah vehicle registration dated a reasonable period prior to application;
             45          (v) evidence of employment in Utah for a reasonable period prior to application;
             46          (vi) proof of payment of Utah resident income taxes for the previous year;
             47          (vii) a rental agreement showing the student's name and Utah address for at least 12
             48      months prior to application; and
             49          (viii) utility bills showing the student's name and Utah address for at least 12 months
             50      prior to application.
             51          (c) A student who is claimed as a dependent on the tax returns of a person who is not a
             52      resident of Utah is not eligible to apply for resident student status.
             53          (4) [An] Except as provided i n Subsection (8)(c), an institution within the state system
             54      of higher education may establish stricter criteria for determining resident student status.
             55          (5) If an institution does not have a minimum credit-hour requirement, that institution
             56      shall honor the decision of another institution within the state system of higher education to
             57      grant a student resident student status, unless:


             58          (a) the student obtained resident student status under false pretenses; or
             59          (b) the facts existing at the time of the granting of resident student status have changed.
             60          (6) Within the limits established in Title 53B, Chapter 8, Tuition [Waivers] Waiver
             61      and Scholarships, each institution within the state system of higher education may, regardless
             62      of its policy on obtaining resident student status, waive nonresident tuition either in whole or in
             63      part, but not other fees.
             64          (7) In addition to the waivers of nonresident tuition under Subsection (6), each
             65      institution may, as athletic scholarships, grant full waiver of fees and nonresident tuition, up to
             66      the maximum number allowed by the appropriate athletic conference as recommended by the
             67      president of each institution.
             68          (8) (a) (i) Personnel of the United States Armed Forces assigned to active duty in Utah,
             69      and the immediate members of their families residing with them in this state are entitled to
             70      resident student status for tuition purposes.
             71          (ii) Except as provided in Subsection (8)(b), upon the termination of active duty status,
             72      the military personnel and their family members are governed by the standards applicable to
             73      nonmilitary persons.
             74          (b) Military personnel who had Utah residency immediately prior to their active duty
             75      status and who reestablish residency in Utah upon the termination of active duty status are
             76      entitled to resident student status for themselves and the immediate members of their families
             77      residing with them for tuition purposes.
             78          (c) Notwithstanding Subsection (3), an institution within the state system of higher
             79      education shall grant resident student status for tuition purposes to a child of a United States
             80      military person assigned to active duty if the child produces:
             81          (i) one of the following:
             82          (A) the military parent's United States active duty military identification card;
             83          (B) the child's United States active duty military identification and privilege card; or
             84          (C) a statement from the military parent's current company commander stating that the
             85      military parent is on active duty; and


             86          (ii) the military parent's state of legal residence certificate with Utah listed as the
             87      military parent's home of record.
             88          (9) (a) Aliens who are present in the United States on visitor, student, or other visas
             89      which authorize only temporary presence in this country, do not have the capacity to intend to
             90      reside in Utah for an indefinite period and therefore are classified as nonresidents.
             91          (b) Aliens who have been granted immigrant or permanent resident status in the United
             92      States are classified for purposes of resident student status according to the same criteria
             93      applicable to citizens.
             94          (10) Any American Indian who is enrolled on the tribal rolls of a tribe whose
             95      reservation or trust lands lie partly or wholly within Utah or whose border is at any point
             96      contiguous with the border of Utah, and any American Indian who is a member of a federally
             97      recognized or known Utah tribe and who has graduated from a high school in Utah, is entitled
             98      to resident student status.
             99          (11) A Job Corps student is entitled to resident student status if the student:
             100          (a) is admitted as a full-time, part-time, or summer school student in a program of
             101      study leading to a degree or certificate; and
             102          (b) submits verification that the student is a current Job Corps student.
             103          (12) (a) A member of the Utah National Guard is entitled to resident student status if
             104      the student:
             105          (i) is admitted as a full-time, part-time, or summer school student in a program of study
             106      leading to a degree or certificate; and
             107          (ii) submits verification that the student is a member of the Utah National Guard.
             108          (b) A member of the Utah National Guard who performs active duty service shall be
             109      considered to maintain continuous Utah residency under this section.
             110          (13) A person is entitled to resident student status and may immediately apply for
             111      resident student status if the person:
             112          (a) marries a Utah resident eligible to be a resident student under this section; and
             113          (b) establishes his or her domicile in Utah as demonstrated by objective evidence as


             114      provided in Subsection (3).
             115          (14) Notwithstanding Subsection (3)(c), a dependent student who has at least one
             116      parent who has been domiciled in Utah for at least 12 months prior to the student's application
             117      is entitled to resident student status.
             118          (15) (a) A person who has established domicile in Utah for full-time permanent
             119      employment may rebut the presumption of a nonresident classification by providing substantial
             120      evidence that the reason for the individual's move to Utah was, in good faith, based on an
             121      employer requested transfer to Utah, recruitment by a Utah employer, or a comparable
             122      work-related move for full-time permanent employment in Utah.
             123          (b) All relevant evidence concerning the motivation for the move shall be considered,
             124      including:
             125          (i) the person's employment and educational history;
             126          (ii) the dates when Utah employment was first considered, offered, and accepted;
             127          (iii) when the person moved to Utah;
             128          (iv) the dates when the person applied for admission, was admitted, and was enrolled
             129      as a postsecondary student;
             130          (v) whether the person applied for admission to an institution of higher education
             131      sooner than four months from the date of moving to Utah;
             132          (vi) evidence that the person is an independent person who is:
             133          (A) at least 24 years of age; or
             134          (B) not claimed as a dependent on someone else's tax returns; and
             135          (vii) any other factors related to abandonment of a former domicile and establishment
             136      of a new domicile in Utah for purposes other than to attend an institution of higher education.
             137          (16) (a) A person who is in residence in Utah to participate in a United States Olympic
             138      athlete training program, at a facility in Utah, approved by the governing body for the athlete's
             139      Olympic sport, shall be entitled to resident status for tuition purposes.
             140          (b) Upon the termination of the athlete's participation in the training program, the
             141      athlete shall be subject to the same residency standards applicable to other persons under this


             142      section.
             143          (c) Time spent domiciled in Utah during the Olympic athlete training program in Utah
             144      counts for Utah residency for tuition purposes upon termination of the athlete's participation in
             145      a Utah Olympic athlete training program.
             146          (17) (a) A person who has established domicile in Utah for reasons related to divorce,
             147      the death of a spouse, or long-term health care responsibilities for an immediate family
             148      member, including the person's spouse, parent, sibling, or child, may rebut the presumption of a
             149      nonresident classification by providing substantial evidence that the reason for the individual's
             150      move to Utah was, in good faith, based on the long-term health care responsibilities.
             151          (b) All relevant evidence concerning the motivation for the move shall be considered,
             152      including:
             153          (i) the person's employment and educational history;
             154          (ii) the dates when the long-term health care responsibilities in Utah were first
             155      considered, offered, and accepted;
             156          (iii) when the person moved to Utah;
             157          (iv) the dates when the person applied for admission, was admitted, and was enrolled
             158      as a postsecondary student;
             159          (v) whether the person applied for admission to an institution of higher education
             160      sooner than four months from the date of moving to Utah;
             161          (vi) evidence that the person is an independent person who is:
             162          (A) at least 24 years of age; or
             163          (B) not claimed as a dependent on someone else's tax returns; and
             164          (vii) any other factors related to abandonment of a former domicile and establishment
             165      of a new domicile in Utah for purposes other than to attend an institution of higher education.
             166          (18) The board, after consultation with the institutions, shall make rules not
             167      inconsistent with this section:
             168          (a) concerning the definition of resident and nonresident students;
             169          (b) establishing procedures for classifying and reclassifying students;


             170          (c) establishing criteria for determining and judging claims of residency or domicile;
             171          (d) establishing appeals procedures; and
             172          (e) other matters related to this section.
             173          (19) A student shall be exempt from paying the nonresident portion of total tuition if
             174      the student:
             175          (a) is a foreign national legally admitted to the Unites States;
             176          (b) attended high school in this state for three or more years; and
             177          (c) graduated from a high school in this state or received the equivalent of a high
             178      school diploma in this state.


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