Bill Summary – FastDemocracy

Enrolled Copy                                                                             S.B. 115
                       HIGHER EDUCATION TUITION AMENDMENTS
                                           2024 GENERAL SESSION
                                                STATE OF UTAH
                                     Chief Sponsor: Ronald M. Winterton House Sponsor: Michael L. Kohler
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  LONG TITLE
  General Description:
      This bill amends when resident student status for tuition purposes can be given.
  Highlighted Provisions:
      This bill:
      ▸ extends resident tuition status to immediate family members of military service
  members under certain circumstances; and
      ▸ makes technical changes.
  Money Appropriated in this Bill:
      None
  Other Special Clauses:
      None
  Utah Code Sections Affected:
  AMENDS:
      53B-8-102, as last amended by Laws of Utah 2023, Chapters 44, 50
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  Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 53B-8-102 is amended to read:
        53B-8-102 . Definitions -- Resident student status -- Exceptions.
  (1) As used in this section:
      (a) "Eligible person" means an individual who is entitled to post-secondary educational
          benefits under Title 38 U.S.C., Veterans' Benefits.
      (b) "Immediate family member" means an individual's spouse or dependent child.
      (c) "Military service member" means an individual who:
          (i) is serving on active duty in the United States Armed Forces within the state of
               Utah;
     S.B. 115                                                                                 Enrolled Copy
            (ii) is a member of a reserve component of the United States Armed Forces assigned
                in Utah;
            (iii) is a member of the Utah National Guard; or
            (iv) maintains domicile in Utah, as described in Subsection (9)(a), but is assigned
                outside of Utah pursuant to federal permanent change of station orders.
       (d) "Military veteran" has the same meaning as veteran in Section 68-3-12.5.
       (e) "Parent" means a student's biological or adoptive parent.
   (2) The meaning of "resident student" is determined by reference to the general law on the
       subject of domicile, except as provided in this section.
   (3) (a) Institutions within the state system of higher education may grant resident student
       status to any student who has come to Utah and established residency for the purpose
       of attending an institution of higher education, and who, prior to registration as a
       resident student:
            (i) has maintained continuous Utah residency status for one full year;
            (ii) has signed a written declaration that the student has relinquished residency in any
                other state; and
            (iii) has submitted objective evidence that the student has taken overt steps to
                establish permanent residency in Utah and that the student does not maintain a
                residence elsewhere.
       (b) Evidence to satisfy the requirements under Subsection (3)(a)(iii) includes:
            (i) a Utah high school transcript issued in the past year confirming attendance at a
                Utah high school in the past 12 months;
            (ii) a Utah voter registration dated a reasonable period prior to application;
            (iii) a Utah driver license or identification card with an original date of issue or a
                renewal date several months prior to application;
            (iv) a Utah vehicle registration dated a reasonable period prior to application;
            (v) evidence of employment in Utah for a reasonable period prior to application;
            (vi) proof of payment of Utah resident income taxes for the previous year;
            (vii) a rental agreement showing the student's name and Utah address for at least 12
                months prior to application; and
            (viii) utility bills showing the student's name and Utah address for at least 12 months
                prior to application.
       (c) A student who is claimed as a dependent on the tax returns of a person who is not a
            resident of Utah is not eligible to apply for resident student status.
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     Enrolled Copy                                                                                   S.B. 115
  (4) Except as provided in Subsection (8), an institution within the state system of higher
      education may establish stricter criteria for determining resident student status.
  (5) If an institution does not have a minimum credit-hour requirement, that institution shall
      honor the decision of another institution within the state system of higher education to
      grant a student resident student status, unless:
      (a) the student obtained resident student status under false pretenses; or
      (b) the facts existing at the time of the granting of resident student status have changed.
  (6) Within the limits established in Title 53B, Chapter 8, Tuition Waiver and Scholarships,
      each institution within the state system of higher education may, regardless of its policy
      on obtaining resident student status, waive nonresident tuition either in whole or in part,
      but not other fees.
  (7) In addition to the waivers of nonresident tuition under Subsection (6), each institution
      may, as athletic scholarships, grant full waiver of fees and nonresident tuition, up to the
      maximum number allowed by the appropriate athletic conference as recommended by
      the president of each institution.
  (8) Notwithstanding Subsection (3), an institution within the state system of higher
      education shall grant resident student status for tuition purposes to:
      (a) a military service member, if the military service member provides:
          (i) the military service member's current United States military identification card;
              and
          (ii) (A) a statement from the military service member's current commander, or
              equivalent, stating that the military service member is assigned in Utah; or
              (B) evidence that the military service member is domiciled in Utah, as described
                    in Subsection (9)(a);
      (b) a military service member's immediate family member, if the military service
          member's immediate family member provides:
          (i) (A) the military service member's current United States military identification
              card; or
              (B) the immediate family member's current United States military identification
                    card; and
          (ii) (A) a statement from the military service member's current commander, or
              equivalent, stating that the military service member is assigned in Utah; [or]
              (B) evidence that the military service member is domiciled in Utah, as described
                    in Subsection (9)(a); or
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      S.B. 115                                                                                 Enrolled Copy
                (C) evidence that the immediate family member completed at least one year of
                      grades 9 through 12 at a local education agency, as defined in Section
                      53E-1-102, within the state while the military service member was assigned in
                      Utah, regardless of the service member's current assignment.
       (c) a military veteran, regardless of whether the military veteran served in Utah, if the
            military veteran provides:
            (i) evidence of an honorable or general discharge;
            (ii) a signed written declaration that the military veteran has relinquished residency in
                any other state and does not maintain a residence elsewhere;
            (iii) objective evidence that the military veteran has demonstrated an intent to
                establish residency in Utah, which may include any one of the following:
                (A) a Utah voter registration card;
                (B) a Utah driver license or identification card;
                (C) a Utah vehicle registration;
                (D) evidence of employment in Utah;
                (E) a rental agreement showing the military veteran's name and Utah address; or
                (F) utility bills showing the military veteran's name and Utah address;
       (d) a military veteran's immediate family member, regardless of whether the military
            veteran served in Utah, if the military veteran's immediate family member provides:
            (i) evidence of the military veteran's honorable or general discharge;
            (ii) a signed written declaration that the military veteran's immediate family member
                has relinquished residency in any other state and does not maintain a residence
                elsewhere; and
            (iii) objective evidence that the military veteran's immediate family member has
                demonstrated an intent to establish residency in Utah, which may include any one
                of the items described in Subsection (8)(c)(iii); or
       (e) an eligible person who provides:
            (i) evidence of eligibility under Title 38 U.S.C., Veterans' Benefits;
            (ii) a signed written declaration that the eligible person will use the G.I. Bill benefits;
                and
            (iii) objective evidence that the eligible person has demonstrated an intent to establish
                residency in Utah, which may include any one of the items described in
                Subsection (8)(c)(iii).
       (f) an alien who provides:
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      Enrolled Copy                                                                                    S.B. 115
          (i) evidence that the alien is a special immigrant visa recipient;
          (ii) evidence that the alien has been granted refugee status, humanitarian parole,
               temporary protected status, or asylum; or
          (iii) evidence that the alien has submitted in good faith an application for refugee
               status, humanitarian parole, temporary protected status, or asylum under United
               States immigration law.
  (9) (a) The evidence described in Subsection (8)(a)(ii)(B) or (8)(b)(ii)(B) includes:
          (i) a current Utah voter registration card;
          (ii) a valid Utah driver license or identification card;
          (iii) a current Utah vehicle registration;
          (iv) a copy of a Utah income tax return, in the military service member's or military
               service member's spouse's name, filed as a resident in accordance with Section
               59-10-502; or
          (v) proof that the military service member or military service member's spouse owns
               a home in Utah, including a property tax notice for property owned in Utah.
      (b) Aliens who are present in the United States on visitor, student, or other visas not
          listed in Subsection (8)(f) or (9)(c), which authorize only temporary presence in this
          country, do not have the capacity to intend to reside in Utah for an indefinite period
          and therefore are classified as nonresidents.
      (c) Aliens who have been granted or have applied for permanent resident status in the
          United States are classified for purposes of resident student status according to the
          same criteria applicable to citizens.
  (10) Any American Indian who is enrolled on the tribal rolls of a tribe whose reservation or
      trust lands lie partly or wholly within Utah or whose border is at any point contiguous
      with the border of Utah, and any American Indian who is a member of a federally
      recognized or known Utah tribe and who has graduated from a high school in Utah, is
      entitled to resident student status.
  (11) A Job Corps student is entitled to resident student status if the student:
      (a) is admitted as a full-time, part-time, or summer school student in a program of study
          leading to a degree or certificate; and
      (b) submits verification that the student is a current Job Corps student.
  (12) A person is entitled to resident student status and may immediately apply for resident
      student status if the person:
      (a) marries a Utah resident eligible to be a resident student under this section; and
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      S.B. 115                                                                                    Enrolled Copy
       (b) establishes his or her domicile in Utah as demonstrated by objective evidence as
            provided in Subsection (3).
   (13) Notwithstanding Subsection (3)(c), a dependent student who has at least one parent
       who has been domiciled in Utah for at least 12 months prior to the student's application
       is entitled to resident student status.
   (14) (a) A person who has established domicile in Utah for full-time permanent
       employment may rebut the presumption of a nonresident classification by providing
       substantial evidence that the reason for the individual's move to Utah was, in good
       faith, based on an employer requested transfer to Utah, recruitment by a Utah
       employer, or a comparable work-related move for full-time permanent employment
       in Utah.
       (b) All relevant evidence concerning the motivation for the move shall be considered,
            including:
            (i) the person's employment and educational history;
            (ii) the dates when Utah employment was first considered, offered, and accepted;
            (iii) when the person moved to Utah;
            (iv) the dates when the person applied for admission, was admitted, and was enrolled
                  as a postsecondary student;
            (v) whether the person applied for admission to an institution of higher education
                  sooner than four months from the date of moving to Utah;
            (vi) evidence that the person is an independent person who is:
                  (A) at least 24 years old; or
                  (B) not claimed as a dependent on someone else's tax returns; and
            (vii) any other factors related to abandonment of a former domicile and establishment
                  of a new domicile in Utah for purposes other than to attend an institution of higher
                  education.
   (15) (a) A person who is in residence in Utah to participate in a United States Olympic
       athlete training program, at a facility in Utah, approved by the governing body for the
       athlete's Olympic sport, shall be entitled to resident status for tuition purposes.
       (b) Upon the termination of the athlete's participation in the training program, the athlete
            shall be subject to the same residency standards applicable to other persons under this
            section.
       (c) Time spent domiciled in Utah during the Olympic athlete training program in Utah
            counts for Utah residency for tuition purposes upon termination of the athlete's
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      Enrolled Copy                                                                                  S.B. 115
          participation in a Utah Olympic athlete training program.
  (16) (a) A person who has established domicile in Utah for reasons related to divorce,
      the death of a spouse, or long-term health care responsibilities for an immediate
      family member, including the person's spouse, parent, sibling, or child, may rebut the
      presumption of a nonresident classification by providing substantial evidence that the
      reason for the individual's move to Utah was, in good faith, based on the long-term
      health care responsibilities.
      (b) All relevant evidence concerning the motivation for the move shall be considered,
          including:
          (i) the person's employment and educational history;
          (ii) the dates when the long-term health care responsibilities in Utah were first
                 considered, offered, and accepted;
          (iii) when the person moved to Utah;
          (iv) the dates when the person applied for admission, was admitted, and was enrolled
                 as a postsecondary student;
          (v) whether the person applied for admission to an institution of higher education
                 sooner than four months from the date of moving to Utah;
          (vi) evidence that the person is an independent person who is:
                 (A) at least 24 years old; or
                 (B) not claimed as a dependent on someone else's tax returns; and
          (vii) any other factors related to abandonment of a former domicile and establishment
                 of a new domicile in Utah for purposes other than to attend an institution of higher
                 education.
  (17) The board, after consultation with the institutions, shall make rules not inconsistent
      with this section:
      (a) concerning the definition of resident and nonresident students;
      (b) establishing procedures for classifying and reclassifying students;
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