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H.B. 75 Enrolled
This act modifies the State System of Higher Education Code by authorizing the State
Board of Regents to grant nonresident tuition scholarships for certain purposes. This act
provides a repeal date for a new section on July 1, 2009. This act has an immediate
This act affects sections of Utah Code Annotated 1953 as follows:
63-55b-153, as last amended by Chapters 49, 219 and 301, Laws of Utah 2002
53B-8-104.5, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53B-8-104.5 is enacted to read:
53B-8-104.5. Nonresident tuition scholarships.
(1) In addition to the scholarships authorized under Section 53B-8-104 , the board may
grant scholarships for a waiver of the nonresident portion of total tuition charged by public
institutions of higher education to nonresident students, subject to the limitations provided in
this section, if the board determines that the scholarships will:
(a) assist in maintaining an adequate level of service and related cost-effectiveness of
auxiliary operations in Utah institutions of higher education;
(b) promote enrollment of nonresident students with high academic aptitudes; and
(c) provide for an effective transition to meet the requirements of Section 53B-8-102 .
(2) The board shall establish policy guidelines for the administration by institutions of
higher education of scholarships authorized under Subsection (1), for evaluating applicants for
those scholarships, and for reporting the results of the scholarship program authorized under
(3) The policy guidelines promulgated by the board under Subsection (2) shall include
the following provisions:
(a) the amount of the approved scholarship may be up to 100% of the differential tuition
charged to nonresident students for an equal number of credit hours of instruction;
(b) a maximum of one-half of the approved scholarships may be at a level of more than
50% of the differential tuition charged to nonresident students for an equal number of credit
hours of instruction;
(c) a nonresident scholarship may be awarded initially only to a nonresident student who
has not previously been enrolled in a college or university in Utah and who has enrolled full time
for ten or more credit hours;
(d) the total number of nonresident scholarships granted under Subsection (1) may not
exceed a total of 500 such scholarships in effect at any one time;
(e) the board shall determine eligibility for nonresident scholarships on the basis of
program availability at an institution and on a competitive basis, using quantifiable
measurements such as grade point averages and results of test scores; and
(f) a nonresident student who receives a scholarship of greater than 50% of the
differential tuition charged to nonresident students for an equal number of credit hours of
instruction may not be counted against the funded target for the institution attended.
(4) The board shall submit an annual report and financial analysis of the effects of
offering nonresident tuition scholarships authorized under this section to the Legislature as part
of its budget recommendations for the system of higher education.
(5) This section applies to tuition scholarships and not the individual admission
standards of higher education.
Section 2. Section 63-55b-153 is amended to read:
63-55b-153. Repeal dates -- Titles 53, 53A, and 53B.
(1) Subsection 53-3-205 (9)(a)(i)(D) is repealed July 1, 2007.
(2) Subsection 53-3-804 (2)(g) is repealed July 1, 2007.
(3) Subsection 53-5-710 (4) pertaining to restrictions at Olympic venue secure areas is
repealed April 1, 2002.
(4) Title 53, Chapter 12, State Olympic Public Safety Command Act, is repealed July 1,
(5) Section 53-12-301.1 is repealed April 1, 2002.
(6) Section 53A-1-403.5 is repealed July 1, 2007.
(7) Section 53A-3-602 is repealed July 1, 2002.
(8) Section 53B-8-104.5 is repealed July 1, 2009.
Section 3. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
date of veto override.
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