53B-8-107. Military member surviving dependents — Tuition waiver.
| (1) |
As used in this section:
Terms Used In Utah Code 53B-8-107- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-101.5
- Dependent: A person dependent for support upon another.
- Person: means :Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (a) |
“Federal active duty” means serving under orders in accordance with United States Code, Title 10 or Title 32, at any time on or after September 11, 2001. |
| (b) |
“Qualifying deceased military member” means a person who:
| (i) |
was killed while serving on state or federal active duty, under orders of competent authority and not as a result of the member’s own misconduct; or |
| (ii) |
dies of wounds or injuries received while serving on state or federal active duty, under orders of competent authority and not as a result of the member’s own misconduct; and |
| (iii) |
was a member of the armed forces of the United States and a Utah resident; |
| (iv) |
was a member of the reserve component of the armed forces on or after September 11, 2001, and a Utah resident; or |
| (v) |
was a member of the Utah National Guard on or after September 11, 2001. |
|
| (c) |
“State active duty” means serving in the Utah National Guard in any duty status authorized by the governor under Title 39, Militia and Armories. |
|
| (2) |
This section shall be known as the Scott B. Lundell Military Survivors’ tuition waiver. |
| (3) |
A state institution of higher education shall waive undergraduate tuition for a dependent of a qualifying deceased military member under the following conditions:
| (a) |
the dependent has been accepted by the institution in accordance with the institution’s admissions guidelines; |
| (b) |
except as provided in Subsection (4), the dependent is a resident student as determined under Section 53B-8-102; |
| (c) |
the dependent may not have already completed a course of studies leading to an undergraduate degree; |
| (d) |
the dependent may only utilize the waiver for courses that are applicable toward the degree or certificate requirements of the program in which the dependent is enrolled; and |
| (e) |
the dependent may not be excluded from the waiver if the dependent has previously taken courses at or has been awarded credit by a state institution of higher education. |
|
| (4) |
Notwithstanding Subsection (3)(b), a dependent of a qualifying deceased military member that was a member of the Utah National Guard is not required to be a resident student as determined under Section 53B-8-102. |
| (5) |
The tuition waiver in this section is applicable for undergraduate study only. |
| (6) |
The Department of Veterans and Military Affairs, after consultation with the adjutant general if necessary, shall certify to the institution that the dependent is a surviving dependent eligible for the tuition waiver in accordance with this section. |
| (7) |
The waiver in this section does not apply to fees, books, or housing expenses. |
| (8) |
The board may request reimbursement from the Legislature for costs incurred in providing the tuition waiver under this section. |
Amended by Chapter 365, 2020 General Session
