1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | SENATE BILL No. 135 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 12-32-1-6; IC 21-14. |
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7 | 7 | | Synopsis: Eligibility for resident tuition. Provides that an individual |
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8 | 8 | | who meets certain conditions is eligible for the resident tuition rate as |
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9 | 9 | | determined by the state educational institution. Requires such an |
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10 | 10 | | individual to verify that the individual meets the criteria to receive the |
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11 | 11 | | resident tuition rate. |
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12 | 12 | | Effective: July 1, 2023. |
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13 | 13 | | Doriot, Niezgodski, Rogers |
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14 | 14 | | January 9, 2023, read first time and referred to Committee on Education and Career |
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15 | 15 | | Development. |
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16 | 16 | | 2023 IN 135—LS 6263/DI 110 Introduced |
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17 | 17 | | First Regular Session of the 123rd General Assembly (2023) |
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18 | 18 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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19 | 19 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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20 | 20 | | additions will appear in this style type, and deletions will appear in this style type. |
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21 | 21 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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22 | 22 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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23 | 23 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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24 | 24 | | a new provision to the Indiana Code or the Indiana Constitution. |
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25 | 25 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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26 | 26 | | between statutes enacted by the 2022 Regular Session of the General Assembly. |
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27 | 27 | | SENATE BILL No. 135 |
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28 | 28 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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29 | 29 | | higher education. |
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30 | 30 | | Be it enacted by the General Assembly of the State of Indiana: |
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31 | 31 | | 1 SECTION 1. IC 12-32-1-6, AS AMENDED BY P.L.172-2018, |
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32 | 32 | | 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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33 | 33 | | 3 JULY 1, 2023]: Sec. 6. An agency or a political subdivision required |
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34 | 34 | | 4 to verify the eligibility of an individual under section 5 of this chapter |
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35 | 35 | | 5 shall do the following: |
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36 | 36 | | 6 (1) Require the individual to execute a verification stating under |
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37 | 37 | | 7 penalty of perjury that the individual: one (1) of the following: |
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38 | 38 | | 8 (A) The individual is a United States citizen. |
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39 | 39 | | 9 (B) The individual is a qualified alien (as defined under 8 |
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40 | 40 | | 10 U.S.C. 1641). or |
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41 | 41 | | 11 (C) The individual meets the following: |
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42 | 42 | | 12 (i) The individual is authorized by the federal government to |
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43 | 43 | | 13 work in the United States as provided under section 6.5 of |
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44 | 44 | | 14 this chapter. |
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45 | 45 | | 15 (ii) The individual is executing the verification only for the |
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46 | 46 | | 16 purpose of applying for a professional or occupational |
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47 | 47 | | 17 license (as defined in section 6.5(a) of this chapter). |
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48 | 48 | | 2023 IN 135—LS 6263/DI 110 2 |
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49 | 49 | | 1 (D) The individual: |
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50 | 50 | | 2 (i) is not applying for any state or local public benefit or |
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51 | 51 | | 3 federal public benefit, other than the resident tuition |
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52 | 52 | | 4 rate, that is provided by the agency or political |
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53 | 53 | | 5 subdivision; and |
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54 | 54 | | 6 (ii) meets the requirements under IC 21-14-11.5-1. |
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55 | 55 | | 7 (2) Maintain a verification executed in accordance with |
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56 | 56 | | 8 subdivision (1) for at least five (5) years. |
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57 | 57 | | 9 SECTION 2. IC 21-14-11-1, AS AMENDED BY P.L.180-2013, |
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58 | 58 | | 10 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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59 | 59 | | 11 JULY 1, 2023]: Sec. 1. (a) This section does not apply to an individual |
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60 | 60 | | 12 who was enrolled in a state educational institution on or before July 1, |
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61 | 61 | | 13 2011. |
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62 | 62 | | 14 (b) Except as provided in IC 21-14-11.5-1, an individual who is |
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63 | 63 | | 15 not lawfully present in the United States is not eligible to pay the |
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64 | 64 | | 16 resident tuition rate that is determined by the state educational |
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65 | 65 | | 17 institution. |
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66 | 66 | | 18 SECTION 3. IC 21-14-11.5 IS ADDED TO THE INDIANA CODE |
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67 | 67 | | 19 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE |
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68 | 68 | | 20 JULY 1, 2023]: |
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69 | 69 | | 21 Chapter 11.5. Resident Tuition for Eligible Individuals |
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70 | 70 | | 22 Sec. 1. (a) This section does not apply to an individual who is a |
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71 | 71 | | 23 nonimmigrant alien as described in 8 U.S.C. 1101(a)(15). |
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72 | 72 | | 24 (b) Except as otherwise provided under federal law and in |
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73 | 73 | | 25 addition to any individual who would otherwise be eligible for the |
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74 | 74 | | 26 resident tuition rate, beginning in the fall semester (or its |
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75 | 75 | | 27 equivalent, as determined by the state educational institution) of |
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76 | 76 | | 28 the 2023-2024 academic year, an individual is eligible to pay the |
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77 | 77 | | 29 resident tuition rate that is determined by a state educational |
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78 | 78 | | 30 institution if: |
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79 | 79 | | 31 (1) the individual attended a high school in Indiana for at least |
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80 | 80 | | 32 four (4) years; |
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81 | 81 | | 33 (2) the individual: |
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82 | 82 | | 34 (A) graduated from a high school located in Indiana; or |
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83 | 83 | | 35 (B) received the equivalent of a high school diploma in |
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84 | 84 | | 36 Indiana; and |
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85 | 85 | | 37 (3) in the case of an individual without lawful immigration |
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86 | 86 | | 38 status, the individual files an affidavit with the state |
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87 | 87 | | 39 educational institution stating that the individual has filed an |
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88 | 88 | | 40 application to legalize the individual's immigration status or |
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89 | 89 | | 41 will file an application as soon as the individual is eligible to |
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90 | 90 | | 42 legalize the individual's immigration status. |
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91 | 91 | | 2023 IN 135—LS 6263/DI 110 3 |
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92 | 92 | | 1 Sec. 2. The commission may adopt rules under IC 4-22-2 to |
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93 | 93 | | 2 implement this chapter. |
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94 | 94 | | 2023 IN 135—LS 6263/DI 110 |
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