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