PRINTER'S NO. 2442
No. 1876 Session of 2003
INTRODUCED BY FLICK, ROHRER, CREIGHTON, SHANER, ARMSTRONG,
BALDWIN, BOYD, CAPPELLI, COY, CRAHALLA, GOODMAN, HALUSKA,
HARHAI, HERSHEY, HORSEY, KENNEY, LEDERER, LEWIS, O'NEILL,
REICHLEY, RUBLEY, SAYLOR, SCHRODER AND E. Z. TAYLOR,
JULY 16, 2003
REFERRED TO COMMITTEE ON EDUCATION, JULY 16, 2003
AN ACT
1 Providing for residency tuition; and defining requirements for
2 tuition fees, regulations and policies.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Residency
7 Tuition Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Alien." Any person not a citizen or national of the United
13 States.
14 "Community college." A public college or technical institute
15 which is established and operated under Article XIX-A of the act
16 of March 10, 1949 (P.L.30, No.14), known as the Public School
1 Code of 1949, and all branches or campuses of a community
2 college.
3 "State-owned institution." An institution which is part of
4 the State System of Higher Education under Article XX-A of the
5 act of March 10, 1949 (P.L.30, No.14), known as the Public
6 School Code of 1949, and all branches and campuses of a State-
7 owned institution.
8 "State-related institution." The Pennsylvania State
9 University, the University of Pittsburgh, Temple University, the
10 Pennsylvania College of Technology and Lincoln University.
11 "Tuition and fees." The instructional charge and any other
12 fee established by the governing board of a community college
13 for individuals attending the community college or the
14 instructional fee established by the Board of Governors of the
15 State System of Higher Education for individuals attending
16 State-owned institutions. The term includes tuition and fees set
17 by the respective governing bodies of the State-related
18 institutions.
19 Section 3. Requirements.
20 (a) State-related institutions.--Any State-related
21 institution that adopts a definition of "nonresident student"
22 for the purpose of setting tuition and fees shall include an
23 alien that has not been lawfully admitted for permanent
24 residence, as defined by section 101(a)(20) of the Immigration
25 and Nationality Act (66 Stat. 163, 8 U.S.C. § 1101(a)(20)).
26 (b) Community colleges.--In the regulations set forth by the
27 State Board of Education governing community colleges, an alien
28 who has not been lawfully admitted for permanent residence shall
29 not be considered a "Commonwealth resident" for purposes of
30 establishing tuition and fees. An alien lawfully admitted for
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1 permanent residence is defined by section 101(a)(20) of the
2 Immigration and Nationality Act.
3 (c) State-owned institutions.--The Board of Governors of the
4 State-owned institutions in adopting policies defining a
5 "nonresident student" shall include an alien that has not been
6 lawfully admitted for permanent residence, as defined by section
7 101(a)(20) of the Immigration and Nationality Act.
8 Section 4. Effective date.
9 This act shall take effect in 60 days.
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