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SF 723

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/02/2013 09:17am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to higher education; providing for the treatment of undocumented
immigrants with respect to financial aid and tuition at public postsecondary
institutions; appropriating money; amending Minnesota Statutes 2012, section
136A.101, subdivision 8; proposing coding for new law in Minnesota Statutes,
chapter 135A; repealing Minnesota Rules, part 4830.0100, subpart 5, item F.

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 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: (i) documentation
that the student has complied with selective service registration requirements; and (ii) if a
federal process exists for the student to obtain lawful immigration status the student must
present the higher education institution with documentation from federal immigration
authorities that the student has filed an application to obtain lawful immigration status.
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 (c) The Board of Regents of the University of Minnesota is requested to adopt a
policy implementing this section.
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 Minnesotanew text begin ; or
new text end

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

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $100,000 in fiscal year 2014 is appropriated from the general fund to the Office of
Higher Education for the information technology costs associated with the implementation
of this act. This is a onetime appropriation.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 4830.0100, subpart 5, item F, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end