UT
Utah House Bill HB0142

Utah 2025 Regular Session

Utah House Bill HB0142 Compare Versions

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1-Enrolled Copy H.B. 142
1+01-08 15:46 H.B. 142
22 1
33 Service Member and Veteran Amendments
44 2025 GENERAL SESSION
55 STATE OF UTAH
66 Chief Sponsor: Jordan D. Teuscher
7-Senate Sponsor: Todd Weiler
87 2
98
109 3
1110 LONG TITLE
1211 4
1312 General Description:
1413 5
1514 This bill addresses in-state tuition at a state institution of higher education for certain
1615 6
1716 individuals.
1817 7
1918 Highlighted Provisions:
2019 8
2120 This bill:
2221 9
2322 ▸ removes the residency requirement for in-state tuition at a state institution of higher
2423 10
2524 education for:
2625 11
2726 ● active military members;
2827 12
2928 ● military veterans;
3029 13
3130 ● family members of active military members; and
3231 14
3332 ● family members of military veterans; and
3433 15
3534 ▸ makes technical and conforming changes.
3635 16
3736 Money Appropriated in this Bill:
3837 17
3938 None
4039 18
4140 Other Special Clauses:
4241 19
4342 None
4443 20
4544 Utah Code Sections Affected:
4645 21
4746 AMENDS:
4847 22
4948 53B-8-102, as last amended by Laws of Utah 2024, Chapters 144, 378 and 481
5049 23
5150
5251 24
5352 Be it enacted by the Legislature of the state of Utah:
5453 25
5554 Section 1. Section 53B-8-102 is amended to read:
5655 26
5756 53B-8-102 . Definitions -- Resident student status -- Exceptions.
5857 27
5958 (1) As used in this section:
6059 28
61-(a) "Eligible person" means an individual who is entitled to post-secondary educational H.B. 142 Enrolled Copy
60+(a) "Eligible person" means an individual who is entitled to post-secondary educational
6261 29
6362 benefits under Title 38 U.S.C., Veterans' Benefits.
6463 30
6564 (b) "Immediate family member" means an individual's spouse or dependent child.
6665 31
67-(c) "Inmate" means the same as that term is defined in Section 64-13-1.
66+(c) "Inmate" means the same as that term is defined in Section 64-13-1. H.B. 142 01-08 15:46
6867 32
6968 (d) "Military service member" means an individual who:
7069 33
7170 (i) is serving on active duty in the United States Armed Forces[ within the state of
7271 34
7372 Utah];
7473 35
7574 (ii) is a member of a reserve component of the United States Armed Forces[ assigned
7675 36
7776 in Utah]; or
7877 37
7978 (iii) is a member of the Utah National Guard[; or] .
8079 38
8180 [(iv) maintains domicile in Utah, as described in Subsection (9)(a), but is assigned
8281 39
8382 outside of Utah pursuant to federal permanent change of station orders.]
8483 40
8584 (e) "Military veteran" [has the same meaning as ] means a veteran as that term is defined
8685 41
8786 in Section 68-3-12.5.
8887 42
8988 (f) "Parent" means a student's biological or adoptive parent.
9089 43
9190 (2) The meaning of "resident student" is determined by reference to the general law on the
9291 44
9392 subject of domicile, except as provided in this section.
9493 45
9594 (3)(a) Institutions within the state system of higher education may grant resident student
9695 46
9796 status to any student who has come to Utah and established residency for the purpose
9897 47
9998 of attending an institution of higher education, and who, prior to registration as a
10099 48
101100 resident student:
102101 49
103102 (i) has maintained continuous Utah residency status for one full year;
104103 50
105104 (ii) has signed a written declaration that the student has relinquished residency in any
106105 51
107106 other state; and
108107 52
109108 (iii) has submitted objective evidence that the student has taken overt steps to
110109 53
111110 establish permanent residency in Utah and that the student does not maintain a
112111 54
113112 residence elsewhere.
114113 55
115114 (b) Evidence to satisfy the requirements under Subsection (3)(a)(iii) includes:
116115 56
117116 (i) a Utah high school transcript issued in the past year confirming attendance at a
118117 57
119118 Utah high school in the past 12 months;
120119 58
121120 (ii) a Utah voter registration dated a reasonable period prior to application;
122121 59
123122 (iii) a Utah driver license or identification card with an original date of issue or a
124123 60
125124 renewal date several months prior to application;
126125 61
127126 (iv) a Utah vehicle registration dated a reasonable period prior to application;
128127 62
129128 (v) evidence of employment in Utah for a reasonable period prior to application;
130-- 2 - Enrolled Copy H.B. 142
131129 63
132130 (vi) proof of payment of Utah resident income taxes for the previous year;
133131 64
134132 (vii) a rental agreement showing the student's name and Utah address for at least 12
135133 65
136134 months prior to application; and
135+- 2 - 01-08 15:46 H.B. 142
137136 66
138137 (viii) utility bills showing the student's name and Utah address for at least 12 months
139138 67
140139 prior to application.
141140 68
142141 (c) A student who is claimed as a dependent on the tax returns of a person who is not a
143142 69
144143 resident of Utah is not eligible to apply for resident student status.
145144 70
146145 (4) Except as provided in Subsection (8), an institution within the state system of higher
147146 71
148147 education may establish stricter criteria for determining resident student status.
149148 72
150149 (5) If an institution does not have a minimum credit-hour requirement, that institution shall
151150 73
152151 honor the decision of another institution within the state system of higher education to
153152 74
154153 grant a student resident student status, unless:
155154 75
156155 (a) the student obtained resident student status under false pretenses; or
157156 76
158157 (b) the facts existing at the time of the granting of resident student status have changed.
159158 77
160159 (6) Within the limits established in Chapter 8, Tuition Waiver and Scholarships, each
161160 78
162161 institution within the state system of higher education may, regardless of its policy on
163162 79
164163 obtaining resident student status, waive nonresident tuition either in whole or in part, but
165164 80
166165 not other fees.
167166 81
168167 (7) In addition to the waivers of nonresident tuition under Subsection (6), each institution
169168 82
170169 may, as athletic scholarships, grant full waiver of fees and nonresident tuition, up to the
171170 83
172171 maximum number allowed by the appropriate athletic conference as recommended by
173172 84
174173 the president of each institution.
175174 85
176175 (8) Notwithstanding Subsection (3), an institution within the state system of higher
177176 86
178177 education shall grant resident student status for tuition purposes to:
179178 87
180179 (a) a military service member, if the military service member provides:
181180 88
182-(i) the military service member's current United States military identification card;
181+[(i)] the military service member's current United States military identification card;
183182 89
184-(ii) a leave and earning statement of the military service member;
183+(i) a leave and earning statement of the military service member;
185184 90
186-(iii) the military service member's military orders;
185+(ii) the military service member's military orders;
187186 91
188-(iv) documentation of enlistment by the military service member; or
187+(iii) documentation of enlistment by the military service member; or
189188 92
190-(v) a statement from the military service member's current commander stating that
189+(iv) a statement from the military service member's current commander stating that
191190 93
192191 the military service member is currently serving in the military;[ and]
193192 94
194193 [(ii)(A) a statement from the military service member's current commander, or
195194 95
196195 equivalent, stating that the military service member is assigned in Utah; or]
197196 96
198197 [(B) evidence that the military service member is domiciled in Utah, as described
199-- 3 - H.B. 142 Enrolled Copy
200198 97
201199 in Subsection (9)(a);]
202200 98
203201 (b) a military service member's immediate family member, if the military service
204202 99
205203 member's immediate family member provides:
204+- 3 - H.B. 142 01-08 15:46
206205 100
207206 (i)[(A) the military service member's current United States military identification
208207 101
209208 card] any of the documentation described in Subsection (8)(a); or
210209 102
211210 [(B)] (ii) the immediate family member's current United States military identification
212211 103
213212 card;[ and]
214213 104
215214 [(ii)(A) a statement from the military service member's current commander, or
216215 105
217216 equivalent, stating that the military service member is assigned in Utah;]
218217 106
219218 [(B) evidence that the military service member is domiciled in Utah, as described
220219 107
221220 in Subsection (9)(a); or]
222221 108
223222 [(C) evidence that the immediate family member completed at least one year of
224223 109
225224 grades 9 through 12 at a local education agency, as defined in Section
226225 110
227226 53E-1-102, within the state while the military service member was assigned in
228227 111
229228 Utah, regardless of the service member's current assignment.]
230229 112
231230 (c) a military veteran, regardless of whether the military veteran served in Utah, if the
232231 113
233232 military veteran provides[:]
234233 114
235234 [(i)] evidence of an honorable or general discharge;
236235 115
237236 [(ii) a signed written declaration that the military veteran has relinquished residency
238237 116
239238 in any other state and does not maintain a residence elsewhere;]
240239 117
241240 [(iii) objective evidence that the military veteran has demonstrated an intent to
242241 118
243242 establish residency in Utah, which may include any one of the following:]
244243 119
245244 [(A) a Utah voter registration card;]
246245 120
247246 [(B) a Utah driver license or identification card;]
248247 121
249248 [(C) a Utah vehicle registration;]
250249 122
251250 [(D) evidence of employment in Utah;]
252251 123
253252 [(E) a rental agreement showing the military veteran's name and Utah address; or]
254253 124
255254 [(F) utility bills showing the military veteran's name and Utah address;]
256255 125
257256 (d) a military veteran's immediate family member, regardless of whether the military
258257 126
259258 veteran served in Utah, if the military veteran's immediate family member provides[:]
260259 127
261260 [(i)] evidence of the military veteran's honorable or general discharge;
262261 128
263-[(ii) a signed written declaration that the military veteran's immediate family member
262+[(ii) a signed written declaration that the military veteran's immediate family
264263 129
265-has relinquished residency in any other state and does not maintain a residence
264+member has relinquished residency in any other state and does not maintain a
266265 130
267-elsewhere; and]
268-- 4 - Enrolled Copy H.B. 142
266+residence elsewhere; and]
269267 131
270268 [(iii) objective evidence that the military veteran's immediate family member has
271269 132
272270 demonstrated an intent to establish residency in Utah, which may include one of
273271 133
274272 the items described in Subsection (8)(c)(iii);]
273+- 4 - 01-08 15:46 H.B. 142
275274 134
276275 (e) a foreign service member as defined in the Foreign Service Family Act of 2021 who
277276 135
278277 is either:
279278 136
280279 (i) domiciled in Utah, recognizing the individual may not be physically present in the
281280 137
282281 state due to an assignment; or
283282 138
284283 (ii) assigned to a duty station in Utah if the foreign service member provides:
285284 139
286285 (A) evidence of the foreign service member's status;
287286 140
288287 (B) a statement from the foreign service member's current commander, or
289288 141
290289 equivalent, stating that the foreign service member is assigned in Utah; or
291290 142
292291 (C) evidence that the foreign service member is domiciled in Utah;
293292 143
294293 (f) a foreign service member's immediate family member if the foreign service member
295294 144
296295 is either:
297296 145
298297 (i) domiciled in Utah, recognizing the individual may not be physically present in the
299298 146
300299 state due to an assignment; or
301300 147
302301 (ii) assigned to a duty station in Utah if the foreign service member provides:
303302 148
304303 (A) evidence of the foreign service member's status;
305304 149
306305 (B) a statement from the foreign service member's current commander, or
307306 150
308307 equivalent, stating that the foreign service member is assigned in Utah; or
309308 151
310309 (C) evidence that the foreign service member is domiciled in Utah;
311310 152
312311 (g) an eligible person who provides:
313312 153
314313 (i) evidence of eligibility under Title 38 U.S.C., Veterans' Benefits; and
315314 154
316315 (ii) a signed written declaration that the eligible person will use the Veteran Benefits
317316 155
318317 under Title 38 U.S.C.;[ and]
319318 156
320319 [(iii) objective evidence that the eligible person has demonstrated an intent to
321320 157
322321 establish residency in Utah, which may include one of the items described in
323322 158
324323 Subsection (8)(c)(iii);]
325324 159
326325 (h) an alien who provides:
327326 160
328327 (i) evidence that the alien is a special immigrant visa recipient;
329328 161
330329 (ii) evidence that the alien has been granted refugee status, humanitarian parole,
331330 162
332331 temporary protected status, or asylum; or
333332 163
334333 (iii) evidence that the alien has submitted in good faith an application for refugee
335334 164
336335 status, humanitarian parole, temporary protected status, or asylum under United
337-- 5 - H.B. 142 Enrolled Copy
338336 165
339337 States immigration law; or
340338 166
341339 (i) an inmate:
342340 167
343341 (i) during the time the inmate is enrolled in the course; and
342+- 5 - H.B. 142 01-08 15:46
344343 168
345344 (ii) for one year after the day on which the inmate is released from a correctional
346345 169
347346 facility as defined in Section 64-13-1.
348347 170
349348 (9)[(a) The evidence described in Subsection (8)(a)(ii)(B) or (8)(b)(ii)(B) includes:]
350349 171
351350 [(i) a current Utah voter registration card;]
352351 172
353352 [(ii) a valid Utah driver license or identification card;]
354353 173
355354 [(iii) a current Utah vehicle registration;]
356355 174
357356 [(iv) a copy of a Utah income tax return, in the military service member's or military
358357 175
359358 service member's spouse's name, filed as a resident in accordance with Section
360359 176
361360 59-10-502; or]
362361 177
363-[(v) proof that the military service member or military service member's spouse owns
362+[(v) proof that the military service member or military service member's spouse
364363 178
365-a home in Utah, including a property tax notice for property owned in Utah.]
364+owns a home in Utah, including a property tax notice for property owned in Utah.]
366365 179
367366 [(b)] (a) Aliens who are present in the United States on visitor, student, or other visas not
368367 180
369368 listed in Subsection (8)(h) or [(9)(c)] (9)(b), which authorize only temporary presence
370369 181
371370 in this country, do not have the capacity to intend to reside in Utah for an indefinite
372371 182
373372 period and therefore are classified as nonresidents.
374373 183
375374 [(c)] (b) Aliens who have been granted or have applied for permanent resident status in
376375 184
377376 the United States are classified for purposes of resident student status according to
378377 185
379378 the same criteria applicable to citizens.
380379 186
381380 (10) Any American Indian who is enrolled on the tribal rolls of a tribe whose reservation or
382381 187
383382 trust lands lie partly or wholly within Utah or whose border is at any point contiguous
384383 188
385384 with the border of Utah, and any American Indian who is a member of a federally
386385 189
387386 recognized or known Utah tribe and who has graduated from a high school in Utah, is
388387 190
389388 entitled to resident student status.
390389 191
391390 (11) A Job Corps student is entitled to resident student status if the student:
392391 192
393392 (a) is admitted as a full-time, part-time, or summer school student in a program of study
394393 193
395394 leading to a degree or certificate; and
396395 194
397396 (b) submits verification that the student is a current Job Corps student.
398397 195
399398 (12) A person is entitled to resident student status and may immediately apply for resident
400399 196
401400 student status if the person:
402401 197
403402 (a) marries a Utah resident eligible to be a resident student under this section; and
404403 198
405404 (b) establishes his or her domicile in Utah as demonstrated by objective evidence as
406-- 6 - Enrolled Copy H.B. 142
407405 199
408406 provided in Subsection (3).
409407 200
410408 (13) Notwithstanding Subsection (3)(c), a dependent student who has at least one parent
411409 201
412410 who has been domiciled in Utah for at least 12 months prior to the student's application
411+- 6 - 01-08 15:46 H.B. 142
413412 202
414413 is entitled to resident student status.
415414 203
416415 (14)(a) A person who has established domicile in Utah for full-time permanent
417416 204
418417 employment may rebut the presumption of a nonresident classification by providing
419418 205
420419 substantial evidence that the reason for the individual's move to Utah was, in good
421420 206
422421 faith, based on an employer requested transfer to Utah, recruitment by a Utah
423422 207
424423 employer, or a comparable work-related move for full-time permanent employment
425424 208
426425 in Utah.
427426 209
428427 (b) All relevant evidence concerning the motivation for the move shall be considered,
429428 210
430429 including:
431430 211
432431 (i) the person's employment and educational history;
433432 212
434433 (ii) the dates when Utah employment was first considered, offered, and accepted;
435434 213
436435 (iii) when the person moved to Utah;
437436 214
438437 (iv) the dates when the person applied for admission, was admitted, and was enrolled
439438 215
440439 as a postsecondary student;
441440 216
442441 (v) whether the person applied for admission to an institution of higher education
443442 217
444443 sooner than four months from the date of moving to Utah;
445444 218
446445 (vi) evidence that the person is an independent person who is:
447446 219
448447 (A) at least 24 years old; or
449448 220
450449 (B) not claimed as a dependent on someone else's tax returns; and
451450 221
452451 (vii) any other factors related to abandonment of a former domicile and establishment
453452 222
454453 of a new domicile in Utah for purposes other than to attend an institution of higher
455454 223
456455 education.
457456 224
458457 (15)(a) A person who is in residence in Utah to participate in a United States Olympic
459458 225
460459 athlete training program, at a facility in Utah, approved by the governing body for the
461460 226
462461 athlete's Olympic sport, shall be entitled to resident status for tuition purposes.
463462 227
464463 (b) Upon the termination of the athlete's participation in the training program, the athlete
465464 228
466465 shall be subject to the same residency standards applicable to other persons under this
467466 229
468467 section.
469468 230
470469 (c) Time spent domiciled in Utah during the Olympic athlete training program in Utah
471470 231
472471 counts for Utah residency for tuition purposes upon termination of the athlete's
473472 232
474473 participation in a Utah Olympic athlete training program.
475-- 7 - H.B. 142 Enrolled Copy
476474 233
477-(16)(a) A person who has established domicile in Utah for reasons related to divorce, the
475+(16)(a) A person who has established domicile in Utah for reasons related to divorce,
478476 234
479-death of a spouse, or long-term health care responsibilities for an immediate family
477+the death of a spouse, or long-term health care responsibilities for an immediate
480478 235
481-member, including the person's spouse, parent, sibling, or child, may rebut the
479+family member, including the person's spouse, parent, sibling, or child, may rebut the
480+- 7 - H.B. 142 01-08 15:46
482481 236
483482 presumption of a nonresident classification by providing substantial evidence that the
484483 237
485484 reason for the individual's move to Utah was, in good faith, based on the long-term
486485 238
487486 health care responsibilities.
488487 239
489488 (b) All relevant evidence concerning the motivation for the move shall be considered,
490489 240
491490 including:
492491 241
493492 (i) the person's employment and educational history;
494493 242
495494 (ii) the dates when the long-term health care responsibilities in Utah were first
496495 243
497496 considered, offered, and accepted;
498497 244
499498 (iii) when the person moved to Utah;
500499 245
501500 (iv) the dates when the person applied for admission, was admitted, and was enrolled
502501 246
503502 as a postsecondary student;
504503 247
505504 (v) whether the person applied for admission to an institution of higher education
506505 248
507506 sooner than four months from the date of moving to Utah;
508507 249
509508 (vi) evidence that the person is an independent person who is:
510509 250
511510 (A) at least 24 years old; or
512511 251
513512 (B) not claimed as a dependent on someone else's tax returns; and
514513 252
515514 (vii) any other factors related to abandonment of a former domicile and establishment
516515 253
517516 of a new domicile in Utah for purposes other than to attend an institution of higher
518517 254
519518 education.
520519 255
521520 (17) A foreign service member or the foreign service member's immediate family member
522521 256
523522 deemed eligible for resident student status under Subsection (8)(e) or (f) shall retain the
524523 257
525524 eligibility for resident student status if the foreign service member or immediate family
526525 258
527526 member maintains continuous enrollment even in the case of a change in domicile or
528527 259
529528 duty station.
530529 260
531530 (18) The board, after consultation with the institutions, shall make rules not inconsistent
532531 261
533532 with this section:
534533 262
535534 (a) concerning the definition of resident and nonresident students;
536535 263
537536 (b) establishing procedures for classifying and reclassifying students;
538537 264
539538 (c) establishing criteria for determining and judging claims of residency or domicile;
540539 265
541540 (d) establishing appeals procedures; and
542541 266
543542 (e) other matters related to this section.
544-- 8 - Enrolled Copy H.B. 142
545543 267
546544 (19) A student shall be exempt from paying the nonresident portion of total tuition if the
547545 268
548546 student:
549547 269
550548 (a) is a foreign national legally admitted to the United States;
549+- 8 - 01-08 15:46 H.B. 142
551550 270
552551 (b) attended high school in this state for three or more years; and
553552 271
554553 (c) graduated from a high school in this state or received the equivalent of a high school
555554 272
556555 diploma in this state.
557556 273
558557 Section 2. Effective date.
559558 274
560559 This bill takes effect on May 7, 2025.
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