Bill Text: MN HF875 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Unlawful immigrant treatment provided with respect to financial aid and tuition at public postsecondary institutions.
Spectrum: Partisan Bill (Democrat 34-1)
Status: (Introduced - Dead) 2013-02-25 - Introduction and first reading, referred to Higher Education Finance and Policy [HF875 Detail]
Download: Minnesota-2013-HF875-Introduced.html
1.2relating to higher education; providing for the treatment of unlawful immigrants
1.3with respect to financial aid and tuition at public postsecondary institutions;
1.4amending Minnesota Statutes 2012, section 136A.101, subdivision 8; proposing
1.5coding for new law in Minnesota Statutes, chapter 135A.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [135A.043] RESIDENT TUITION.
1.8(a) A student, other than a nonimmigrant alien within the meaning of United States
1.9Code, title 8, section 1101, subsection (a), paragraph (15), shall qualify for a resident
1.10tuition rate or its equivalent at state universities and colleges, including the University of
1.11Minnesota, if the student meets all of the following requirements:
1.12(1) high school attendance within the state for three or more years;
1.13(2) graduation from a state high school or attainment within the state of the
1.14equivalent of high school graduation; and
1.15(3) in the case of a student without lawful immigration status, the filing of an
1.16affidavit with the institution of higher education stating that the student has filed an
1.17application to legalize the student's immigration status or will file an application at the
1.18earliest opportunity the student is eligible to do so.
1.19(b) This section is in addition to any other statute, rule, or higher education
1.20institution regulation or policy providing eligibility for a resident tuition rate or its
1.21equivalent to a student.
1.22EFFECTIVE DATE.This section is effective the day following final enactment
1.23and applies to tuition for school terms commencing on or after that date.
2.1 Sec. 2. [135A.044] PRIVATE SCHOLARSHIP AID.
2.2A public postsecondary institution may use private sources of funding to provide aid
2.3to a student eligible for resident tuition under section 135A.043. This section is in addition
2.4to any other authority of an institution to provide financial aid.
2.5EFFECTIVE DATE.This section is effective the day following final enactment
2.6and applies to financial aid for school terms commencing on or after that date.
2.7 Sec. 3. Minnesota Statutes 2012, section 136A.101, subdivision 8, is amended to read:
2.8 Subd. 8. Resident student. "Resident student" means a student who meets one of
2.9the following conditions:
2.10 (1) a student who has resided in Minnesota for purposes other than postsecondary
2.11education for at least 12 months without being enrolled at a postsecondary educational
2.12institution for more than five credits in any term;
2.13 (2) a dependent student whose parent or legal guardian resides in Minnesota at the
2.14time the student applies;
2.15 (3) a student who graduated from a Minnesota high school, if the student was a
2.16resident of Minnesota during the student's period of attendance at the Minnesota high school
2.17and the student is physically attending a Minnesota postsecondary educational institution;
2.18 (4) a student who, after residing in the state for a minimum of one year, earned a
2.19high school equivalency certificate in Minnesota;
2.20 (5) a member, spouse, or dependent of a member of the armed forces of the United
2.21States stationed in Minnesota on active federal military service as defined in section
2.22190.05
, subdivision 5c;
2.23 (6) a spouse or dependent of a veteran, as defined in section197.447 , if the veteran
2.24is a Minnesota resident;
2.25 (7) a person or spouse of a person who relocated to Minnesota from an area that
2.26is declared a presidential disaster area within the preceding 12 months if the disaster
2.27interrupted the person's postsecondary education;or
2.28 (8) a person defined as a refugee under United States Code, title 8, section
2.291101(a)(42), who, upon arrival in the United States, moved to Minnesota and has
2.30continued to reside in Minnesota; or
2.31 (9) a student eligible for resident tuition under section 135A.043.
2.32EFFECTIVE DATE.This section is effective the day following final enactment
2.33and applies to school terms commencing on or after that date.
1.3with respect to financial aid and tuition at public postsecondary institutions;
1.4amending Minnesota Statutes 2012, section 136A.101, subdivision 8; proposing
1.5coding for new law in Minnesota Statutes, chapter 135A.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [135A.043] RESIDENT TUITION.
1.8(a) A student, other than a nonimmigrant alien within the meaning of United States
1.9Code, title 8, section 1101, subsection (a), paragraph (15), shall qualify for a resident
1.10tuition rate or its equivalent at state universities and colleges, including the University of
1.11Minnesota, if the student meets all of the following requirements:
1.12(1) high school attendance within the state for three or more years;
1.13(2) graduation from a state high school or attainment within the state of the
1.14equivalent of high school graduation; and
1.15(3) in the case of a student without lawful immigration status, the filing of an
1.16affidavit with the institution of higher education stating that the student has filed an
1.17application to legalize the student's immigration status or will file an application at the
1.18earliest opportunity the student is eligible to do so.
1.19(b) This section is in addition to any other statute, rule, or higher education
1.20institution regulation or policy providing eligibility for a resident tuition rate or its
1.21equivalent to a student.
1.22EFFECTIVE DATE.This section is effective the day following final enactment
1.23and applies to tuition for school terms commencing on or after that date.
2.1 Sec. 2. [135A.044] PRIVATE SCHOLARSHIP AID.
2.2A public postsecondary institution may use private sources of funding to provide aid
2.3to a student eligible for resident tuition under section 135A.043. This section is in addition
2.4to any other authority of an institution to provide financial aid.
2.5EFFECTIVE DATE.This section is effective the day following final enactment
2.6and applies to financial aid for school terms commencing on or after that date.
2.7 Sec. 3. Minnesota Statutes 2012, section 136A.101, subdivision 8, is amended to read:
2.8 Subd. 8. Resident student. "Resident student" means a student who meets one of
2.9the following conditions:
2.10 (1) a student who has resided in Minnesota for purposes other than postsecondary
2.11education for at least 12 months without being enrolled at a postsecondary educational
2.12institution for more than five credits in any term;
2.13 (2) a dependent student whose parent or legal guardian resides in Minnesota at the
2.14time the student applies;
2.15 (3) a student who graduated from a Minnesota high school, if the student was a
2.16resident of Minnesota during the student's period of attendance at the Minnesota high school
2.17and the student is physically attending a Minnesota postsecondary educational institution;
2.18 (4) a student who, after residing in the state for a minimum of one year, earned a
2.19high school equivalency certificate in Minnesota;
2.20 (5) a member, spouse, or dependent of a member of the armed forces of the United
2.21States stationed in Minnesota on active federal military service as defined in section
2.23 (6) a spouse or dependent of a veteran, as defined in section
2.24is a Minnesota resident;
2.25 (7) a person or spouse of a person who relocated to Minnesota from an area that
2.26is declared a presidential disaster area within the preceding 12 months if the disaster
2.27interrupted the person's postsecondary education;
2.28 (8) a person defined as a refugee under United States Code, title 8, section
2.291101(a)(42), who, upon arrival in the United States, moved to Minnesota and has
2.30continued to reside in Minnesota; or
2.31 (9) a student eligible for resident tuition under section 135A.043.
2.32EFFECTIVE DATE.This section is effective the day following final enactment
2.33and applies to school terms commencing on or after that date.
