June 2, 2005, Introduced by Senators THOMAS and CLARKE and referred to the Committee on Education.
A bill to require that state universities classify certain
aliens as residents of this state for purposes of charging tuition.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Financial need" means need as determined by a state
university based upon a need analysis standard established by the
state university. The standard shall take into consideration the
financial resources of the student and his or her family.
(b) "State university" means a state institution of higher
education described in section 4, 5, or 6 of article VIII of the
state constitution of 1963.
(c) "Tuition" means the quarter or semester charges imposed to
attend a state university and all mandatory fees required as a
condition of enrollment at that state university.
Sec. 2. For tuition purposes, until the individual establishes
a residence outside of this state, the governing board of a state
university shall classify an individual who is not a citizen or
permanent resident of the United States as a resident of this state
if all of the following conditions are met:
(a) The individual resided with his or her parent or legal
guardian while attending a public or private high school in this
state.
(b) The individual graduated from a public or private high
school or received the equivalent of a high school diploma in this
state.
(c) The individual had resided in this state for at least 3
years on the date the individual graduated from high school or
received the equivalent of a high school diploma.
(d) The individual was not enrolled as an entering student at
the state university before the 2004 fall semester.
(e) The individual provides to the state university an
affidavit stating that the individual will file an application to
become a permanent resident of the United States at the earliest
opportunity the individual is eligible to do so.
Sec. 3. The governing board of a state university shall give
an alien who is living in the United States under a visa permitting
permanent residence or who has applied to or has a petition pending
with the United States immigration and naturalization service to
attain lawful status under federal immigration law the same
privilege of qualifying for resident status for tuition purposes as
a citizen of the United States.
Sec. 4. A foreign student enrolled in a state university who
is a resident of Mexico and who demonstrates a financial need is
entitled to pay tuition at the rate provided for residents of this
state.
Sec. 5. An individual who is 18 years of age or under or is a
dependent and who, along with 1 of the individual's parents, was
formerly a resident of this state is entitled to pay tuition at the
rate provided for residents of this state if both of the following
conditions are met:
(a) The individual and the parent with whom the individual
primarily resides change their legal residence from this state to
another state.
(b) The other parent, with whom the individual does not
primarily reside, continues to reside in this state and is not
delinquent on the payment of any child support.
Sec. 6. This act applies only to tuition for a term or
semester that begins on or after the effective date of this act.