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H.B. 144 Enrolled





Sponsor: David Ure

                  This act modifies the State System of Higher Education code to allow a student who meets
                  certain requirements to be exempt from paying nonresident tuition at institutions of higher
                  education. This act requires the State Board of Regents to make rules. This act takes effect
                  on July 1, 2002.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                      53B-8-106, Utah Code Annotated 1953
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 53B-8-106 is enacted to read:
                      53B-8-106. Resident tuition -- Requirements -- Rules.
                      (1) If allowed under federal law, a student, other than a nonimmigrant alien within the
                  meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code,
                  shall be exempt from paying the nonresident portion of total tuition if the student:
                      (a) attended high school in this state for three or more years;
                      (b) graduated from a high school in this state or received the equivalent of a high school
                  diploma in this state; and
                      (c) registers as an entering student at an institution of higher education not earlier than the
                  fall of the 2002-03 academic year.
                      (2) In addition to the requirements under Subsection (1), a student without lawful
                  immigration status shall file an affidavit with the institution of higher education stating that the
                  student has filed an application to legalize his immigration status, or will file an application as
                  soon as he is eligible to do so.
                      (3) The State Board of Regents shall make rules for the implementation of this section.
                      (4) Nothing in this section limits the ability of institutions of higher education to assess
                  nonresident tuition on students who do not meet the requirements under this section.

                      Section 2. Effective date.
                      This act takes effect on July 1, 2002.

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