HF 875

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2013 02:17pm

A bill for an act
relating to higher education; providing for the treatment of unlawful immigrants
with respect to financial aid and tuition at public postsecondary institutions;
amending Minnesota Statutes 2012, section 136A.101, subdivision 8; proposing
coding for new law in Minnesota Statutes, chapter 135A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [135A.043] RESIDENT TUITION.
new text end

new text begin (a) A student, other than a nonimmigrant alien within the meaning of United States
Code, title 8, section 1101, subsection (a), paragraph (15), shall qualify for a resident
tuition rate or its equivalent at state universities and colleges, including the University of
Minnesota, if the student meets all of the following requirements:
new text end

new text begin (1) high school attendance within the state for three or more years;
new text end

new text begin (2) graduation from a state high school or attainment within the state of the
equivalent of high school graduation; and
new text end

new text begin (3) in the case of a student without lawful immigration status, the filing of an
affidavit with the institution of higher education stating that the student has filed an
application to legalize the student's immigration status or will file an application at the
earliest opportunity the student is eligible to do so.
new text end

new text begin (b) This section is in addition to any other statute, rule, or higher education
institution regulation or policy providing eligibility for a resident tuition rate or its
equivalent to a student.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to tuition for school terms commencing on or after that date.
new text end

Sec. 2.

new text begin [135A.044] PRIVATE SCHOLARSHIP AID.
new text end

new text begin A public postsecondary institution may use private sources of funding to provide aid
to a student eligible for resident tuition under section 135A.043. This section is in addition
to any other authority of an institution to provide financial aid.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to financial aid for school terms commencing on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2012, section 136A.101, subdivision 8, is amended to read:

Subd. 8.

Resident student.

"Resident student" means a student who meets one of
the following conditions:

(1) a student who has resided in Minnesota for purposes other than postsecondary
education for at least 12 months without being enrolled at a postsecondary educational
institution for more than five credits in any term;

(2) a dependent student whose parent or legal guardian resides in Minnesota at the
time the student applies;

(3) a student who graduated from a Minnesota high school, if the student was a
resident of Minnesota during the student's period of attendance at the Minnesota high school
and the student is physically attending a Minnesota postsecondary educational institution;

(4) a student who, after residing in the state for a minimum of one year, earned a
high school equivalency certificate in Minnesota;

(5) a member, spouse, or dependent of a member of the armed forces of the United
States stationed in Minnesota on active federal military service as defined in section
190.05, subdivision 5c;

(6) a spouse or dependent of a veteran, as defined in section 197.447, if the veteran
is a Minnesota resident;

(7) a person or spouse of a person who relocated to Minnesota from an area that
is declared a presidential disaster area within the preceding 12 months if the disaster
interrupted the person's postsecondary education; deleted text begin or
deleted text end

(8) a person defined as a refugee under United States Code, title 8, section
1101(a)(42), who, upon arrival in the United States, moved to Minnesota and has
continued to reside in Minnesota new text begin ; or
new text end

new text begin (9) a student eligible for resident tuition under section 135A.043 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to school terms commencing on or after that date.
new text end