Enrolled Copy H.B. 142
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Service Member and Veteran Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: Todd Weiler
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LONG TITLE
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General Description:
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This bill addresses in-state tuition at a state institution of higher education for certain
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individuals.
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Highlighted Provisions:
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This bill:
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▸ removes the residency requirement for in-state tuition at a state institution of higher
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education for:
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● active military members;
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● military veterans;
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● family members of active military members; and
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● family members of military veterans; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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53B-8-102, as last amended by Laws of Utah 2024, Chapters 144, 378 and 481
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53B-8-102 is amended to read:
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53B-8-102 . Definitions -- Resident student status -- Exceptions.
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(1) As used in this section:
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(a) "Eligible person" means an individual who is entitled to post-secondary educational H.B. 142 Enrolled Copy
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benefits under Title 38 U.S.C., Veterans' Benefits.
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(b) "Immediate family member" means an individual's spouse or dependent child.
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(c) "Inmate" means the same as that term is defined in Section 64-13-1.
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(d) "Military service member" means an individual who:
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(i) is serving on active duty in the United States Armed Forces[ within the state of
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Utah];
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(ii) is a member of a reserve component of the United States Armed Forces[ assigned
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in Utah]; or
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(iii) is a member of the Utah National Guard[; or] .
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[(iv) maintains domicile in Utah, as described in Subsection (9)(a), but is assigned
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outside of Utah pursuant to federal permanent change of station orders.]
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(e) "Military veteran" [has the same meaning as ] means a veteran as that term is defined
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in Section 68-3-12.5.
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(f) "Parent" means a student's biological or adoptive parent.
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(2) The meaning of "resident student" is determined by reference to the general law on the
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subject of domicile, except as provided in this section.
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(3)(a) Institutions within the state system of higher education may grant resident student
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status to any student who has come to Utah and established residency for the purpose
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of attending an institution of higher education, and who, prior to registration as a
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resident student:
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(i) has maintained continuous Utah residency status for one full year;
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(ii) has signed a written declaration that the student has relinquished residency in any
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other state; and
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(iii) has submitted objective evidence that the student has taken overt steps to
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establish permanent residency in Utah and that the student does not maintain a
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residence elsewhere.
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(b) Evidence to satisfy the requirements under Subsection (3)(a)(iii) includes:
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(i) a Utah high school transcript issued in the past year confirming attendance at a
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Utah high school in the past 12 months;
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(ii) a Utah voter registration dated a reasonable period prior to application;
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(iii) a Utah driver license or identification card with an original date of issue or a
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renewal date several months prior to application;
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(iv) a Utah vehicle registration dated a reasonable period prior to application;
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(v) evidence of employment in Utah for a reasonable period prior to application;
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(vi) proof of payment of Utah resident income taxes for the previous year;
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(vii) a rental agreement showing the student's name and Utah address for at least 12
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months prior to application; and
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(viii) utility bills showing the student's name and Utah address for at least 12 months
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prior to application.
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(c) A student who is claimed as a dependent on the tax returns of a person who is not a
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resident of Utah is not eligible to apply for resident student status.
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(4) Except as provided in Subsection (8), an institution within the state system of higher
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education may establish stricter criteria for determining resident student status.
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(5) If an institution does not have a minimum credit-hour requirement, that institution shall
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honor the decision of another institution within the state system of higher education to
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grant a student resident student status, unless:
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(a) the student obtained resident student status under false pretenses; or
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(b) the facts existing at the time of the granting of resident student status have changed.
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(6) Within the limits established in Chapter 8, Tuition Waiver and Scholarships, each
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institution within the state system of higher education may, regardless of its policy on
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obtaining resident student status, waive nonresident tuition either in whole or in part, but
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not other fees.
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(7) In addition to the waivers of nonresident tuition under Subsection (6), each institution
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may, as athletic scholarships, grant full waiver of fees and nonresident tuition, up to the
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maximum number allowed by the appropriate athletic conference as recommended by
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the president of each institution.
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(8) Notwithstanding Subsection (3), an institution within the state system of higher
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education shall grant resident student status for tuition purposes to:
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(a) a military service member, if the military service member provides:
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(i) the military service member's current United States military identification card;
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(ii) a leave and earning statement of the military service member;
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(iii) the military service member's military orders;
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(iv) documentation of enlistment by the military service member; or
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(v) a statement from the military service member's current commander stating that
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the military service member is currently serving in the military;[ and]
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[(ii)(A) a statement from the military service member's current commander, or
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equivalent, stating that the military service member is assigned in Utah; or]
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[(B) evidence that the military service member is domiciled in Utah, as described
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in Subsection (9)(a);]
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(b) a military service member's immediate family member, if the military service
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member's immediate family member provides:
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(i)[(A) the military service member's current United States military identification
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card] any of the documentation described in Subsection (8)(a); or
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[(B)] (ii) the immediate family member's current United States military identification
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card;[ and]
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[(ii)(A) a statement from the military service member's current commander, or
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equivalent, stating that the military service member is assigned in Utah;]
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[(B) evidence that the military service member is domiciled in Utah, as described
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in Subsection (9)(a); or]
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[(C) evidence that the immediate family member completed at least one year of
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grades 9 through 12 at a local education agency, as defined in Section
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53E-1-102, within the state while the military service member was assigned in
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Utah, regardless of the service member's current assignment.]
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(c) a military veteran, regardless of whether the military veteran served in Utah, if the
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military veteran provides[:]
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[(i)] evidence of an honorable or general discharge;
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[(ii) a signed written declaration that the military veteran has relinquished residency
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in any other state and does not maintain a residence elsewhere;]
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[(iii) objective evidence that the military veteran has demonstrated an intent to
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establish residency in Utah, which may include any one of the following:]
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[(A) a Utah voter registration card;]
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[(B) a Utah driver license or identification card;]
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[(C) a Utah vehicle registration;]
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[(D) evidence of employment in Utah;]
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[(E) a rental agreement showing the military veteran's name and Utah address; or]
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[(F) utility bills showing the military veteran's name and Utah address;]
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(d) a military veteran's immediate family member, regardless of whether the military
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veteran served in Utah, if the military veteran's immediate family member provides[:]
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[(i)] evidence of the military veteran's honorable or general discharge;
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[(ii) a signed written declaration that the military veteran's immediate family member
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has relinquished residency in any other state and does not maintain a residence
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elsewhere; and]
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[(iii) objective evidence that the military veteran's immediate family member has
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demonstrated an intent to establish residency in Utah, which may include one of
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the items described in Subsection (8)(c)(iii);]
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(e) a foreign service member as defined in the Foreign Service Family Act of 2021 who
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is either:
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(i) domiciled in Utah, recognizing the individual may not be physically present in the
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state due to an assignment; or
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(ii) assigned to a duty station in Utah if the foreign service member provides:
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(A) evidence of the foreign service member's status;
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(B) a statement from the foreign service member's current commander, or
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equivalent, stating that the foreign service member is assigned in Utah; or
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(C) evidence that the foreign service member is domiciled in Utah;
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(f) a foreign service member's immediate family member if the foreign service member
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is either:
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(i) domiciled in Utah, recognizing the individual may not be physically present in the
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state due to an assignment; or
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(ii) assigned to a duty station in Utah if the foreign service member provides:
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(A) evidence of the foreign service member's status;
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(B) a statement from the foreign service member's current commander, or
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equivalent, stating that the foreign service member is assigned in Utah; or
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(C) evidence that the foreign service member is domiciled in Utah;
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(g) an eligible person who provides:
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(i) evidence of eligibility under Title 38 U.S.C., Veterans' Benefits; and
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(ii) a signed written declaration that the eligible person will use the Veteran Benefits
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under Title 38 U.S.C.;[ and]
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[(iii) objective evidence that the eligible person has demonstrated an intent to
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establish residency in Utah, which may include one of the items described in
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Subsection (8)(c)(iii);]
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(h) an alien who provides:
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(i) evidence that the alien is a special immigrant visa recipient;
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(ii) evidence that the alien has been granted refugee status, humanitarian parole,
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temporary protected status, or asylum; or
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(iii) evidence that the alien has submitted in good faith an application for refugee
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status, humanitarian parole, temporary protected status, or asylum under United
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States immigration law; or
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(i) an inmate:
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(i) during the time the inmate is enrolled in the course; and
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(ii) for one year after the day on which the inmate is released from a correctional
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facility as defined in Section 64-13-1.
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(9)[(a) The evidence described in Subsection (8)(a)(ii)(B) or (8)(b)(ii)(B) includes:]
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[(i) a current Utah voter registration card;]
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[(ii) a valid Utah driver license or identification card;]
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[(iii) a current Utah vehicle registration;]
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[(iv) a copy of a Utah income tax return, in the military service member's or military
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service member's spouse's name, filed as a resident in accordance with Section
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59-10-502; or]
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[(v) proof that the military service member or military service member's spouse owns
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a home in Utah, including a property tax notice for property owned in Utah.]
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[(b)] (a) Aliens who are present in the United States on visitor, student, or other visas not
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listed in Subsection (8)(h) or [(9)(c)] (9)(b), which authorize only temporary presence
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in this country, do not have the capacity to intend to reside in Utah for an indefinite
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period and therefore are classified as nonresidents.
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[(c)] (b) Aliens who have been granted or have applied for permanent resident status in
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the United States are classified for purposes of resident student status according to
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the same criteria applicable to citizens.
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(10) Any American Indian who is enrolled on the tribal rolls of a tribe whose reservation or
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trust lands lie partly or wholly within Utah or whose border is at any point contiguous
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with the border of Utah, and any American Indian who is a member of a federally
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recognized or known Utah tribe and who has graduated from a high school in Utah, is
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entitled to resident student status.
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(11) A Job Corps student is entitled to resident student status if the student:
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(a) is admitted as a full-time, part-time, or summer school student in a program of study
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leading to a degree or certificate; and
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(b) submits verification that the student is a current Job Corps student.
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(12) A person is entitled to resident student status and may immediately apply for resident
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student status if the person:
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(a) marries a Utah resident eligible to be a resident student under this section; and
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(b) establishes his or her domicile in Utah as demonstrated by objective evidence as
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provided in Subsection (3).
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(13) Notwithstanding Subsection (3)(c), a dependent student who has at least one parent
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who has been domiciled in Utah for at least 12 months prior to the student's application
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is entitled to resident student status.
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(14)(a) A person who has established domicile in Utah for full-time permanent
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employment may rebut the presumption of a nonresident classification by providing
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substantial evidence that the reason for the individual's move to Utah was, in good
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faith, based on an employer requested transfer to Utah, recruitment by a Utah
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employer, or a comparable work-related move for full-time permanent employment
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in Utah.
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(b) All relevant evidence concerning the motivation for the move shall be considered,
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including:
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(i) the person's employment and educational history;
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(ii) the dates when Utah employment was first considered, offered, and accepted;
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(iii) when the person moved to Utah;
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(iv) the dates when the person applied for admission, was admitted, and was enrolled
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as a postsecondary student;
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(v) whether the person applied for admission to an institution of higher education
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sooner than four months from the date of moving to Utah;
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(vi) evidence that the person is an independent person who is:
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(A) at least 24 years old; or
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(B) not claimed as a dependent on someone else's tax returns; and
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(vii) any other factors related to abandonment of a former domicile and establishment
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of a new domicile in Utah for purposes other than to attend an institution of higher
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education.
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(15)(a) A person who is in residence in Utah to participate in a United States Olympic
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athlete training program, at a facility in Utah, approved by the governing body for the
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athlete's Olympic sport, shall be entitled to resident status for tuition purposes.
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(b) Upon the termination of the athlete's participation in the training program, the athlete
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shall be subject to the same residency standards applicable to other persons under this
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section.
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(c) Time spent domiciled in Utah during the Olympic athlete training program in Utah
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counts for Utah residency for tuition purposes upon termination of the athlete's
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participation in a Utah Olympic athlete training program.
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(16)(a) A person who has established domicile in Utah for reasons related to divorce, the
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death of a spouse, or long-term health care responsibilities for an immediate family
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member, including the person's spouse, parent, sibling, or child, may rebut the
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presumption of a nonresident classification by providing substantial evidence that the
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reason for the individual's move to Utah was, in good faith, based on the long-term
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health care responsibilities.
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(b) All relevant evidence concerning the motivation for the move shall be considered,
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including:
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(i) the person's employment and educational history;
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(ii) the dates when the long-term health care responsibilities in Utah were first
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considered, offered, and accepted;
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(iii) when the person moved to Utah;
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(iv) the dates when the person applied for admission, was admitted, and was enrolled
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as a postsecondary student;
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(v) whether the person applied for admission to an institution of higher education
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sooner than four months from the date of moving to Utah;
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(vi) evidence that the person is an independent person who is:
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(A) at least 24 years old; or
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(B) not claimed as a dependent on someone else's tax returns; and
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(vii) any other factors related to abandonment of a former domicile and establishment
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of a new domicile in Utah for purposes other than to attend an institution of higher
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education.
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(17) A foreign service member or the foreign service member's immediate family member
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deemed eligible for resident student status under Subsection (8)(e) or (f) shall retain the
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eligibility for resident student status if the foreign service member or immediate family
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member maintains continuous enrollment even in the case of a change in domicile or
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duty station.
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(18) The board, after consultation with the institutions, shall make rules not inconsistent
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with this section:
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(a) concerning the definition of resident and nonresident students;
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(b) establishing procedures for classifying and reclassifying students;
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(c) establishing criteria for determining and judging claims of residency or domicile;
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(d) establishing appeals procedures; and
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(e) other matters related to this section.
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(19) A student shall be exempt from paying the nonresident portion of total tuition if the
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student:
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(a) is a foreign national legally admitted to the United States;
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(b) attended high school in this state for three or more years; and
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(c) graduated from a high school in this state or received the equivalent of a high school
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diploma in this state.
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Section 2. Effective date.
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This bill takes effect on May 7, 2025.
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