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7 LONG TITLE
8 Committee Note:
9 The Veterans' and Military Affairs Commission recommended this bill.
10 Membership: 5 legislators 17 non-legislators
11 Legislative Vote: 5 voting for 0 voting against 0 absent
12 General Description:
13 This bill makes coordinating changes to the definition of veteran.
14 Highlighted Provisions:
15 This bill:
16 ▸ adds the term "veteran" to the general definitions for the Utah Code;
17 ▸ makes coordinating changes to the definition of veteran; and
18 ▸ makes other technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 26-8a-106, as last amended by Laws of Utah 2011, Chapter 181
26 53B-8-102, as last amended by Laws of Utah 2014, Chapter 216
27 53B-13b-102, as enacted by Laws of Utah 2014, Chapter 87
28 68-3-12.5, as last amended by Laws of Utah 2011, Chapter 366
29 71-7-3, as last amended by Laws of Utah 2013, Chapter 214
30 71-8-1, as last amended by Laws of Utah 2014, Chapter 85
31 71-10-1, as last amended by Laws of Utah 2014, Chapter 137
32 71-12-102, as enacted by Laws of Utah 2014, Chapter 91
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 26-8a-106 is amended to read:
36 26-8a-106. Waiver of rules.
37 (1) Upon application, the committee or department may waive the requirements of a
38 rule it has adopted if:
39 (a) the person applying for the waiver satisfactorily demonstrates that:
40 (i) the waiver is necessary for a pilot project to be undertaken by the applicant;
41 (ii) in the particular situation, the requirement serves no beneficial public purpose; or
42 (iii) circumstances warrant that waiver of the requirement outweighs the public benefit
43 to be gained by adherence to the rule; and
44 (b) for a waiver granted under Subsection (1)(a)(ii) or (iii), the committee or
45 department:
46 (i) extends the waiver to similarly situated persons upon application; or
47 (ii) amends the rule to be consistent with the waiver.
48 (2) A waiver of education, licensing, or certification requirements may be granted to a
49 veteran, as defined in Section [
50 (a) provides to the committee or department documentation showing military education
51 and training in the field in which certification or licensure is sought; and
52 (b) successfully passes any examination required.
53 (3) No waiver may be granted under this section that is inconsistent with the provisions
54 of this chapter.
55 Section 2. Section 53B-8-102 is amended to read:
56 53B-8-102. Definitions -- Resident student status -- Exceptions.
57 (1) As used in this section:
58 (a) "Immediate family member" means an individual's spouse or child.
59 (b) "Military servicemember" means:
60 (i) an individual who is serving on active duty in the United States Armed Forces
61 within the state of Utah;
62 (ii) an individual who is a member of a reserve component of the United States Armed
63 Forces assigned in Utah; or
64 (iii) an individual who is a member of the Utah National Guard.
65 [
66 [
67 [
68
69
70 [
71
72 [
73
74 (c) "Military veteran" has the same meaning as veteran in Section 68-3-12.5.
75 (d) "Parent" means a student's biological or adoptive parent.
76 (2) The meaning of "resident student" is determined by reference to the general law on
77 the subject of domicile, except as provided in this section.
78 (3) (a) Institutions within the state system of higher education may grant resident
79 student status to any student who has come to Utah and established residency for the purpose of
80 attending an institution of higher education, and who, prior to registration as a resident student:
81 (i) has maintained continuous Utah residency status for one full year;
82 (ii) has signed a written declaration that the student has relinquished residency in any
83 other state; and
84 (iii) has submitted objective evidence that the student has taken overt steps to establish
85 permanent residency in Utah and that the student does not maintain a residence elsewhere.
86 (b) Evidence to satisfy the requirements under Subsection (3)(a)(iii) includes:
87 (i) a Utah high school transcript issued in the past year confirming attendance at a Utah
88 high school in the past 12 months;
89 (ii) a Utah voter registration dated a reasonable period prior to application;
90 (iii) a Utah driver license or identification card with an original date of issue or a
91 renewal date several months prior to application;
92 (iv) a Utah vehicle registration dated a reasonable period prior to application;
93 (v) evidence of employment in Utah for a reasonable period prior to application;
94 (vi) proof of payment of Utah resident income taxes for the previous year;
95 (vii) a rental agreement showing the student's name and Utah address for at least 12
96 months prior to application; and
97 (viii) utility bills showing the student's name and Utah address for at least 12 months
98 prior to application.
99 (c) A student who is claimed as a dependent on the tax returns of a person who is not a
100 resident of Utah is not eligible to apply for resident student status.
101 (4) Except as provided in Subsection (8), an institution within the state system of
102 higher education may establish stricter criteria for determining resident student status.
103 (5) If an institution does not have a minimum credit-hour requirement, that institution
104 shall honor the decision of another institution within the state system of higher education to
105 grant a student resident student status, unless:
106 (a) the student obtained resident student status under false pretenses; or
107 (b) the facts existing at the time of the granting of resident student status have changed.
108 (6) Within the limits established in Title 53B, Chapter 8, Tuition Waiver and
109 Scholarships, each institution within the state system of higher education may, regardless of its
110 policy on obtaining resident student status, waive nonresident tuition either in whole or in part,
111 but not other fees.
112 (7) In addition to the waivers of nonresident tuition under Subsection (6), each
113 institution may, as athletic scholarships, grant full waiver of fees and nonresident tuition, up to
114 the maximum number allowed by the appropriate athletic conference as recommended by the
115 president of each institution.
116 (8) Notwithstanding Subsection (3), an institution within the state system of higher
117 education shall grant resident student status for tuition purposes to:
118 (a) a military servicemember, if the military servicemember provides:
119 (i) the military servicemember's current United States military identification card; and
120 (ii) a statement from the military servicemember's current commander, or equivalent,
121 stating that the military servicemember is assigned in Utah;
122 (b) a military servicemember's immediate family member, if the military
123 servicemember's immediate family member provides:
124 (i) one of the following:
125 (A) the military servicemember's current United States military identification card; or
126 (B) the immediate family member's current United States military identification card;
127 and
128 (ii) a statement from the military servicemember's current commander, or equivalent,
129 stating that the military servicemember is assigned in Utah;
130 (c) a military veteran, regardless of whether the military veteran served in Utah, if the
131 military veteran provides:
132 (i) evidence of an honorable or general discharge;
133 (ii) a signed written declaration that the military veteran has relinquished residency in
134 any other state and does not maintain a residence elsewhere;
135 (iii) objective evidence that the military veteran has taken overt steps to relinquish
136 residency in any other state and establish residency in Utah, which may include any one of the
137 following:
138 (A) a Utah voter registration card;
139 (B) a Utah driver license or identification card;
140 (C) a Utah vehicle registration;
141 (D) evidence of employment in Utah;
142 (E) a rental agreement showing the military veteran's name and Utah address; or
143 (F) utility bills showing the military veteran's name and Utah address; and
144 (d) a military veteran's immediate family member, regardless of whether the military
145 veteran served in Utah, if the military veteran's immediate family member provides:
146 (i) evidence of the military veteran's honorable or general discharge within the last five
147 years;
148 (ii) a signed written declaration that the military veteran's immediate family member
149 has relinquished residency in any other state and does not maintain a residence elsewhere; and
150 (iii) objective evidence that the military veteran's immediate family member has taken
151 overt steps to relinquish residency in any other state and establish residency in Utah, which
152 may include any one of the items described in Subsection (8)(c)(iii).
153 (9) (a) Aliens who are present in the United States on visitor, student, or other visas
154 which authorize only temporary presence in this country, do not have the capacity to intend to
155 reside in Utah for an indefinite period and therefore are classified as nonresidents.
156 (b) Aliens who have been granted immigrant or permanent resident status in the United
157 States are classified for purposes of resident student status according to the same criteria
158 applicable to citizens.
159 (10) Any American Indian who is enrolled on the tribal rolls of a tribe whose
160 reservation or trust lands lie partly or wholly within Utah or whose border is at any point
161 contiguous with the border of Utah, and any American Indian who is a member of a federally
162 recognized or known Utah tribe and who has graduated from a high school in Utah, is entitled
163 to resident student status.
164 (11) A Job Corps student is entitled to resident student status if the student:
165 (a) is admitted as a full-time, part-time, or summer school student in a program of
166 study leading to a degree or certificate; and
167 (b) submits verification that the student is a current Job Corps student.
168 (12) A person is entitled to resident student status and may immediately apply for
169 resident student status if the person:
170 (a) marries a Utah resident eligible to be a resident student under this section; and
171 (b) establishes his or her domicile in Utah as demonstrated by objective evidence as
172 provided in Subsection (3).
173 (13) Notwithstanding Subsection (3)(c), a dependent student who has at least one
174 parent who has been domiciled in Utah for at least 12 months prior to the student's application
175 is entitled to resident student status.
176 (14) (a) A person who has established domicile in Utah for full-time permanent
177 employment may rebut the presumption of a nonresident classification by providing substantial
178 evidence that the reason for the individual's move to Utah was, in good faith, based on an
179 employer requested transfer to Utah, recruitment by a Utah employer, or a comparable
180 work-related move for full-time permanent employment in Utah.
181 (b) All relevant evidence concerning the motivation for the move shall be considered,
182 including:
183 (i) the person's employment and educational history;
184 (ii) the dates when Utah employment was first considered, offered, and accepted;
185 (iii) when the person moved to Utah;
186 (iv) the dates when the person applied for admission, was admitted, and was enrolled
187 as a postsecondary student;
188 (v) whether the person applied for admission to an institution of higher education
189 sooner than four months from the date of moving to Utah;
190 (vi) evidence that the person is an independent person who is:
191 (A) at least 24 years of age; or
192 (B) not claimed as a dependent on someone else's tax returns; and
193 (vii) any other factors related to abandonment of a former domicile and establishment
194 of a new domicile in Utah for purposes other than to attend an institution of higher education.
195 (15) (a) A person who is in residence in Utah to participate in a United States Olympic
196 athlete training program, at a facility in Utah, approved by the governing body for the athlete's
197 Olympic sport, shall be entitled to resident status for tuition purposes.
198 (b) Upon the termination of the athlete's participation in the training program, the
199 athlete shall be subject to the same residency standards applicable to other persons under this
200 section.
201 (c) Time spent domiciled in Utah during the Olympic athlete training program in Utah
202 counts for Utah residency for tuition purposes upon termination of the athlete's participation in
203 a Utah Olympic athlete training program.
204 (16) (a) A person who has established domicile in Utah for reasons related to divorce,
205 the death of a spouse, or long-term health care responsibilities for an immediate family
206 member, including the person's spouse, parent, sibling, or child, may rebut the presumption of a
207 nonresident classification by providing substantial evidence that the reason for the individual's
208 move to Utah was, in good faith, based on the long-term health care responsibilities.
209 (b) All relevant evidence concerning the motivation for the move shall be considered,
210 including:
211 (i) the person's employment and educational history;
212 (ii) the dates when the long-term health care responsibilities in Utah were first
213 considered, offered, and accepted;
214 (iii) when the person moved to Utah;
215 (iv) the dates when the person applied for admission, was admitted, and was enrolled
216 as a postsecondary student;
217 (v) whether the person applied for admission to an institution of higher education
218 sooner than four months from the date of moving to Utah;
219 (vi) evidence that the person is an independent person who is:
220 (A) at least 24 years of age; or
221 (B) not claimed as a dependent on someone else's tax returns; and
222 (vii) any other factors related to abandonment of a former domicile and establishment
223 of a new domicile in Utah for purposes other than to attend an institution of higher education.
224 (17) The board, after consultation with the institutions, shall make rules not
225 inconsistent with this section:
226 (a) concerning the definition of resident and nonresident students;
227 (b) establishing procedures for classifying and reclassifying students;
228 (c) establishing criteria for determining and judging claims of residency or domicile;
229 (d) establishing appeals procedures; and
230 (e) other matters related to this section.
231 (18) A student shall be exempt from paying the nonresident portion of total tuition if
232 the student:
233 (a) is a foreign national legally admitted to the United States;
234 (b) attended high school in this state for three or more years; and
235 (c) graduated from a high school in this state or received the equivalent of a high
236 school diploma in this state.
237 Section 3. Section 53B-13b-102 is amended to read:
238 53B-13b-102. Definitions.
239 As used in this chapter:
240 (1) "Federal program" means the Post-9/11 Veterans Educational Assistance Act of
241 2008, Pub. L. No. 110-252.
242 (2) "Institution of higher education" or "institution" means a:
243 (a) credit-granting higher education institution within the state system of higher
244 education; or
245 (b) an institution of higher learning, as defined in the federal program, that is located in
246 the state.
247 (3) "Program" means the Veterans Tuition Gap Program created in this chapter.
248 (4) (a) "Qualifying military veteran" means [
249 Section 68-3-12.5, who:
250 (i) is a resident student under Section 53B-8-102 and rules of the board;
251 (ii) is accepted into an institution and enrolled in a program leading to a bachelor's
252 degree;
253 (iii) has qualified for the federal program;
254 (iv) has maximized the federal benefit under the federal program; and
255 (v) has not completed a bachelor's degree.
256 (b) "Qualifying military veteran" does not include a family member.
257 Section 4. Section 68-3-12.5 is amended to read:
258 68-3-12.5. Definitions for Utah Code.
259 (1) The definitions listed in this section apply to the Utah Code, unless:
260 (a) the definition is inconsistent with the manifest intent of the Legislature or repugnant
261 to the context of the statute; or
262 (b) a different definition is expressly provided for the respective title, chapter, part,
263 section, or subsection.
264 (2) "Adjudicative proceeding" means:
265 (a) an action by a board, commission, department, officer, or other administrative unit
266 of the state that determines the legal rights, duties, privileges, immunities, or other legal
267 interests of one or more identifiable persons, including an action to grant, deny, revoke,
268 suspend, modify, annul, withdraw, or amend an authority, right, or license; and
269 (b) judicial review of an action described in Subsection (2)(a).
270 (3) "Administrator" includes "executor" when the subject matter justifies the use.
271 (4) "Advisory board," "advisory commission," and "advisory council" mean a board,
272 commission, committee, or council that:
273 (a) is created by, and whose duties are provided by, statute or executive order;
274 (b) performs its duties only under the supervision of another person as provided by
275 statute; and
276 (c) provides advice and makes recommendations to another person that makes policy
277 for the benefit of the general public.
278 (5) "County executive" means:
279 (a) the county commission, in the county commission or expanded county commission
280 form of government established under Title 17, Chapter 52, Changing Forms of County
281 Government;
282 (b) the county executive, in the county executive-council optional form of government
283 authorized by Section 17-52-504; or
284 (c) the county manager, in the council-manager optional form of government
285 authorized by Section 17-52-505.
286 (6) "County legislative body" means:
287 (a) the county commission, in the county commission or expanded county commission
288 form of government established under Title 17, Chapter 52, Changing Forms of County
289 Government;
290 (b) the county council, in the county executive-council optional form of government
291 authorized by Section 17-52-504; and
292 (c) the county council, in the council-manager optional form of government authorized
293 by Section 17-52-505.
294 (7) "Depose" means to make a written statement made under oath or affirmation.
295 (8) "Executor" includes "administrator" when the subject matter justifies the use.
296 (9) "Guardian" includes a person who:
297 (a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary
298 or court appointment; or
299 (b) is appointed by a court to manage the estate of a minor or incapacitated person.
300 (10) "Highway" includes:
301 (a) a public bridge;
302 (b) a county way;
303 (c) a county road;
304 (d) a common road; and
305 (e) a state road.
306 (11) "Intellectual disability" means a significant, subaverage general intellectual
307 functioning that:
308 (a) exists concurrently with deficits in adaptive behavior; and
309 (b) is manifested during the developmental period as defined in the current edition of
310 the Diagnostic and Statistical Manual of Mental Disorders, published by the American
311 Psychiatric Association.
312 (12) "Intermediate care facility for people with an intellectual disability" means an
313 intermediate care facility for the mentally retarded, as defined in Title XIX of the Social
314 Security Act.
315 (13) "Land" includes:
316 (a) land;
317 (b) a tenement;
318 (c) a hereditament;
319 (d) a water right;
320 (e) a possessory right; and
321 (f) a claim.
322 (14) "Month" means a calendar month, unless otherwise expressed.
323 (15) "Oath" includes "affirmation."
324 (16) "Person" means:
325 (a) an individual;
326 (b) an association;
327 (c) an institution;
328 (d) a corporation;
329 (e) a company;
330 (f) a trust;
331 (g) a limited liability company;
332 (h) a partnership;
333 (i) a political subdivision;
334 (j) a government office, department, division, bureau, or other body of government;
335 and
336 (k) any other organization or entity.
337 (17) "Personal property" includes:
338 (a) money;
339 (b) goods;
340 (c) chattels;
341 (d) effects;
342 (e) evidences of a right in action;
343 (f) a written instrument by which a pecuniary obligation, right, or title to property is
344 created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
345 (g) a right or interest in an item described in Subsections (17)(a) through (f).
346 (18) "Personal representative," "executor," and "administrator" include:
347 (a) an executor;
348 (b) an administrator;
349 (c) a successor personal representative;
350 (d) a special administrator; and
351 (e) a person who performs substantially the same function as a person described in
352 Subsections (18)(a) through (d) under the law governing the person's status.
353 (19) "Policy board," "policy commission," or "policy council" means a board,
354 commission, or council that:
355 (a) is authorized to make policy for the benefit of the general public;
356 (b) is created by, and whose duties are provided by, the constitution or statute; and
357 (c) performs its duties according to its own rules without supervision other than under
358 the general control of another person as provided by statute.
359 (20) "Population" is shown by the most recent state or national census, unless expressly
360 provided otherwise.
361 (21) "Process" means a writ or summons issued in the course of a judicial proceeding.
362 (22) "Property" includes both real and personal property.
363 (23) "Real estate" or "real property" includes:
364 (a) land;
365 (b) a tenement;
366 (c) a hereditament;
367 (d) a water right;
368 (e) a possessory right; and
369 (f) a claim.
370 (24) "Review board," "review commission," and "review council" mean a board,
371 commission, committee, or council that:
372 (a) is authorized to approve policy made for the benefit of the general public by another
373 body or person;
374 (b) is created by, and whose duties are provided by, statute; and
375 (c) performs its duties according to its own rules without supervision other than under
376 the general control of another person as provided by statute.
377 (25) "Road" includes:
378 (a) a public bridge;
379 (b) a county way;
380 (c) a county road;
381 (d) a common road; and
382 (e) a state road.
383 (26) "Signature" includes a name, mark, or sign written with the intent to authenticate
384 an instrument or writing.
385 (27) "State," when applied to the different parts of the United States, includes a state,
386 district, or territory of the United States.
387 (28) "Swear" includes "affirm."
388 (29) "Testify" means to make an oral statement under oath or affirmation.
389 (30) "United States" includes each state, district, and territory of the United States of
390 America.
391 (31) "Utah Code" means the 1953 recodification of the Utah Code, as amended, unless
392 the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
393 (a) on the day on which the 1953 recodification of the Utah Code was enacted; or
394 (b) (i) after the day described in Subsection (31)(a); and
395 (ii) before the most recent amendment to the referenced portion of the 1953
396 recodification of the Utah Code.
397 (32) "Vessel," when used with reference to shipping, includes a steamboat, canal boat,
398 and every structure adapted to be navigated from place to place.
399 (33) (a) "Veteran" means an individual who:
400 (i) has served on active duty in the United States Armed Forces:
401 (A) for at least 180 consecutive days beyond the person's initial training period;
402 (B) in the Utah National Guard in accordance with Title 10, U.S.C.A., and Section
403 39-1-9; or
404 (C) in a reserve component; or
405 (ii) has incurred an actual service-related injury or disability while in the United States
406 Armed Forces regardless of whether that person completed 180 days; and
407 (iii) was separated or retired under conditions characterized as honorable or general.
408 (b) This definition is not intended to confer eligibility for benefits.
409 [
410 [
411 (a) the state;
412 (b) a court; or
413 (c) a judicial officer.
414 [
415 (a) printing;
416 (b) handwriting; and
417 (c) information stored in an electronic or other medium if the information is retrievable
418 in a perceivable format.
419 Section 5. Section 71-7-3 is amended to read:
420 71-7-3. Development, operation, and maintenance of Utah Veterans' Cemetery
421 and Memorial Park -- Responsibilities of Department of Veterans' and Military Affairs --
422 Costs -- Definition.
423 (1) The Department of Veterans' and Military Affairs, in consultation with the
424 Veterans' Memorial Park Board, shall develop, operate, and maintain a veterans' cemetery and
425 memorial park.
426 (2) To help pay the costs of developing, constructing, operating, and maintaining a
427 veterans' cemetery and memorial park, the Department of Veterans' and Military Affairs may:
428 (a) by following the procedures and requirements of Title 63J, Chapter 5, Federal
429 Funds Procedures Act, receive federal funds, and may receive state funds, contributions from
430 veterans' organizations, and other private donations; and
431 (b) charge fees for at least the cost of the burial of veterans' spouses and other persons,
432 whom the department and the Veterans' Memorial Park Board determines are eligible to be
433 buried in a veterans' cemetery established by the state.
434 (3) [
435 "Veteran" has the same meaning as defined in Section 68-3-12.5.
436 Section 6. Section 71-8-1 is amended to read:
437 71-8-1. Definitions.
438 As used in this [
439 (1) "Contractor" means a person who is or may be awarded a government entity
440 contract.
441 (2) "Council" means the Veterans' Advisory Council.
442 (3) "Department" means the Department of Veterans' and Military Affairs.
443 (4) "Executive director" means the executive director of the Department of Veterans'
444 and Military Affairs.
445 (5) "Government entity" means the state and any county, municipality, local district,
446 special service district, and any other political subdivision or administrative unit of the state,
447 including state institutions of education.
448 (6) "Specialist" means a full-time employee of a government entity who is tasked with
449 responding to, and assisting, veterans who are employed by the entity or come to the entity for
450 assistance.
451 [
452 [
453
454
455 [
456
457 (7) "Veteran" has the same meaning as defined in Section 68-3-12.5.
458 Section 7. Section 71-10-1 is amended to read:
459 71-10-1. Definitions.
460 As used in this chapter:
461 (1) "Active duty" means active military duty and does not include active duty for
462 training, initial active duty for training, or inactive duty for training.
463 (2) "Government entity" means the state, any county, municipality, local district,
464 special service district, or any other political subdivision or administrative unit of the state,
465 including state institutions of education.
466 (3) "Preference eligible" means an individual who:
467 [
468
469 (a) is a veteran;
470 (b) was a member of a reserve component who served in a campaign or expedition for
471 which a campaign medal has been authorized and [
472 honorable or general conditions;
473 [
474 [
475 [
476 [
477 [
478 [
479
480
481
482 [
483
484 [
485
486 established the existence of a service-connected disability or is receiving compensation,
487 disability retirement benefits, or pension because of a public statute administered by the federal
488 Department of Veterans Affairs or a military department.
489 Section 8. Section 71-12-102 is amended to read:
490 71-12-102. Definitions.
491 As used in this chapter:
492 (1) "Council" means the Veterans' Advisory Council as created in Section 71-8-4.
493 (2) "Department" means the Department of Veterans' and Military Affairs as created in
494 Section 71-8-2.
495 (3) "Donor" means an individual or entity that provides material goods, services, or
496 labor without charge to veterans in accordance with this chapter.
497 (4) "Recipient" means a veteran as defined in Section [
498 dependent spouse and children.
Legislative Review Note
as of 12-3-14 12:44 PM
Office of Legislative Research and General Counsel