First Regular Session Sixty-seventh General Assembly STATE OF COLORADO CORRECTED INTRODUCED LLS NO. 09-0331.01 Julie Pelegrin SENATE BILL 09-170 SENATE SPONSORSHIP Romer, Bacon, Sandoval, Tapia, Groff HOUSE SPONSORSHIP (None), Senate Committees House Committees Education A BILL FOR AN ACT Concerning nondiscrimination in determining the amount paid for higher education. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Requires that a person, regardless of immigration status, who attends a Colorado high school for at least 3 years and enrolls in a Colorado institute of higher education within 5 years after either graduating from a Colorado high school or earning a general education diploma in Colorado shall be charged the same tuition rate and shall be eligible for tuition assistance under the same criteria as a person who establishes domicile in Colorado. Makes conforming amendments. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 23-7-110, Colorado Revised Statutes, is amended to read: 23-7-110. Tuition rates and tuition assistance for persons who graduate from Colorado high schools or complete a Colorado general equivalency diploma. (1) Notwithstanding any other provision of this article to the contrary and regardless of immigration status, a student who is a United States citizen person shall be classified as an in-state student for tuition purposes charged the same tuition rate that is charged to persons who establish domicile in this state and may receive state-funded tuition assistance subject to the same criteria as are applied to persons who establish domicile in this state if: (a) The student graduated from person attended a public or private high school in this state for at least three years; and (b) (I) The student attended person enrolls in a Colorado institution of higher education within five years after graduating from a public or private high school in this state; for at least three years immediately preceding the date the student enrolled in a Colorado institution of higher education; or (II) The student completed person enrolls in a Colorado institution of higher education within five years after earning a general equivalency diploma in this state. and resided in this state for at least three years immediately preceding the date the student enrolled in a Colorado institution of higher education. (2) Any information provided to satisfy the criteria specified in this section shall be confidential unless disclosure is explicitly required by law. (3) This section provides an additional option for a student seeking to be classified as an in-state student for tuition purposes. This section shall not be interpreted to impose additional requirements upon a student seeking to be classified as an in-state student for tuition purposes under any other section of this article. SECTION 2. 23-18-102 (5) (a) (I) and (5) (a) (II) (A), Colorado Revised Statutes, are amended to read: 23-18-102. Definitions. As used in this article, unless the context otherwise requires: (5) (a) "Eligible undergraduate student" means: (I) A student who is enrolled at a state institution of higher education and who is classified as an in-state student for tuition purposes or who, pursuant to section 23-7-110, may receive state-funded tuition assistance subject to the same criteria as are applied to persons who establish domicile in this state; or (II) A student who is enrolled at a participating private institution of higher education and who: (A) Is classified as an in-state student for tuition purposes or who, pursuant to section 23-7-110, may receive state-funded tuition assistance subject to the same criteria as are applied to persons who establish domicile in this state; SECTION 3. 24-76.5-103 (3) (f) and (3) (g), Colorado Revised Statutes, are amended, and the said 24-76.5-103 (3) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read: 24-76.5-103. Verification of lawful presence - exceptions - reporting - rules. (3) Verification of lawful presence in the United States shall not be required: (f) For pregnant women; or (g) For individuals over the age of eighteen years and under the age of nineteen years who continue to be eligible for medical assistance programs after their eighteenth birthday; or (h) For persons described in section 23-7-110, C.R.S., who receive the same tuition rate as, and qualify for state-funded tuition assistance subject to the same criteria as are applied to, persons who establish domicile. SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.