1.1                          A bill for an act 
  1.2             relating to higher education; allowing undocumented 
  1.3             noncitizens to qualify as residents of Minnesota for 
  1.4             state higher education purposes; amending Minnesota 
  1.5             Statutes 2001 Supplement, sections 135A.031, 
  1.6             subdivision 2; 136A.101, subdivision 8.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2001 Supplement, section 
  1.9   135A.031, subdivision 2, is amended to read: 
  1.10     Subd. 2.  [APPROPRIATIONS FOR CERTAIN ENROLLMENTS.] The 
  1.11  state share of the estimated expenditures for instruction shall 
  1.12  vary for some categories of students, as designated in this 
  1.13  subdivision. 
  1.14     (a) The state must provide at least 67 percent of the 
  1.15  estimated expenditures for: 
  1.16     (1) students who resided in the state for at least one 
  1.17  calendar year prior to applying for admission or dependent 
  1.18  students whose parent or legal guardian resides in Minnesota at 
  1.19  the time the student applies resident students as defined in 
  1.20  section 136A.101, subdivision 8; 
  1.21     (2) Minnesota residents who can demonstrate that they were 
  1.22  temporarily absent from the state without establishing residency 
  1.23  elsewhere; 
  1.24     (3) residents of other states or provinces who are 
  1.25  attending a Minnesota institution under a tuition reciprocity 
  1.26  agreement; 
  2.1      (4) students who have been in Minnesota as migrant 
  2.2   farmworkers, as defined in the Code of Federal Regulations, 
  2.3   title 20, section 633.104, over a period of at least two years 
  2.4   immediately before admission or readmission to a Minnesota 
  2.5   public post-secondary institution, or students who are 
  2.6   dependents of such migrant farmworkers; and 
  2.7      (5) persons who:  (i) were employed full time and were 
  2.8   relocated to the state by the person's current employer, or (ii) 
  2.9   moved to the state for employment purposes and, before moving 
  2.10  and before applying for admission to a public post-secondary 
  2.11  institution, accepted a job in the state, or students who are 
  2.12  spouses or dependents of such persons.  
  2.13     (b) The definition of full year equivalent for purposes of 
  2.14  the formula calculations in this chapter is twice the normal 
  2.15  value for the following enrollments: 
  2.16     (1) students who are concurrently enrolled in a public 
  2.17  secondary school and for whom the institution is receiving any 
  2.18  compensation under the Post-Secondary Enrollment Options Act; 
  2.19  and 
  2.20     (2) students enrolled under the student exchange program of 
  2.21  the Midwest Compact. 
  2.22     Sec. 2.  Minnesota Statutes 2001 Supplement, section 
  2.23  136A.101, subdivision 8, is amended to read: 
  2.24     Subd. 8.  [RESIDENT STUDENT.] "Resident student" means:  (a)
  2.25  a student who meets one of the following conditions:  
  2.26     (1) a student who has resided in Minnesota for purposes 
  2.27  other than post-secondary education for at least 12 months 
  2.28  without being enrolled at a post-secondary educational 
  2.29  institution for more than five credits in any term; 
  2.30     (2) a dependent student whose parent or legal guardian 
  2.31  resides in Minnesota at the time the student applies; 
  2.32     (3) a student who graduated from a Minnesota high school, 
  2.33  if the student was a resident of Minnesota during the student's 
  2.34  period of attendance at the Minnesota high school; or 
  2.35     (4) a student who, after residing in the state for a 
  2.36  minimum of one year, earned a high school equivalency 
  3.1   certificate in Minnesota; or 
  3.2      (b) an undocumented noncitizen who meets the requirements 
  3.3   of paragraph (a).