SB652: Higher educational institutions; prohibits certain persons from eligibility for in-state tuition.

Chief Patron

Emmett Hanger (R-24)
Served: 1996–

Progress

	Introduced
	Passed Committee
	Passed House
	Passed Senate
	Signed by Governor
	Became Law

Status

03/13/2008: failed senate

View Entire History

01/09/2008 Prefiled and ordered printed; offered 01/09/08 089840232
01/09/2008 Referred to Committee on Education and Health
01/23/2008 Assigned Education sub: Higher Education
01/23/2008 Impact statement from DPB (SB652)
01/31/2008 Reported from Education and Health with substitute (13-Y 2-N) (see vote tally)
02/01/2008 Committee substitute printed 084097232-S1
02/01/2008 Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/04/2008 Read second time
02/04/2008 Passed by for the day
02/05/2008 Read second time
02/05/2008 Reading of substitute waived
02/05/2008 Passed by for the day
02/06/2008 Read second time
02/06/2008 Passed by for the day
02/07/2008 Read second time
02/07/2008 Passed by for the day
02/08/2008 Read second time
02/08/2008 Committee substitute rejected 084097232-S1
02/08/2008 Floor substitute printed 084100232-S2 (Hanger)
02/08/2008 Reading of substitute waived
02/08/2008 Substitute by Senator Hanger agreed to 084100232-S2
02/08/2008 Engrossed by Senate - floor substitute SB652S2
02/08/2008 Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/08/2008 Passed Senate (30-Y 10-N) (see vote tally)
02/08/2008 Communicated to House
02/13/2008 Placed on Calendar
02/13/2008 Read first time
02/13/2008 Referred to Committee on Education
02/27/2008 Reported from Education with substitute (18-Y 3-N) (see vote tally)
02/27/2008 Committee substitute printed 083378592-H1
02/28/2008 Read second time
02/29/2008 Passed by for the day
03/03/2008 Passed by for the day
03/04/2008 Read third time
03/04/2008 Committee substitute agreed to 083378592-H1 (82-Y 17-N)
03/04/2008 VOTE: --- ADOPTION (82-Y 17-N) (see vote tally)
03/04/2008 Engrossed by House - committee substitute SB652H1
03/04/2008 Passed House with substitute (85-Y 14-N)
03/04/2008 VOTE: --- PASSAGE (85-Y 14-N) (see vote tally)
03/05/2008 House substitute rejected by Senate (7-Y 33-N) (see vote tally)
03/06/2008 House insisted on substitute
03/06/2008 House requested conference committee
03/06/2008 Senate acceded to request (39-Y 0-N) (see vote tally)
03/06/2008 Conferees appointed by Senate
03/06/2008 Senators: Hanger, Edwards, Locke
03/06/2008 Conferees appointed by House
03/06/2008 Delegates: Peace, Landes, Tyler
03/13/2008 No further action taken
03/13/2008 Failed to pass in Senate

Summary

In-state tuition; prohibiting certain individuals from eligibility. Provides that (ii) an individual who is not either (a) a citizen or national of the United States, (b) a lawful permanent resident of the United States, or (c) an alien who submits documentary evidence of (1) a valid, unexpired nonimmigrant visa status, (2) a pending or approved application for asylum in the United States, (3) refugee status, (4) temporary protected status, (5) a pending application for adjustment of status to lawful permanent resident, or (6) otherwise lawfully present in the United States as defined in federal law or regulations, shall not be eligible for in-state tuition rates at any public institution of higher education in the Commonwealth. Establishes additional standards that must be met by a student who is actively pursuing legal permanent residency.

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Video

Votes were cast on this bill on the following dates for which Richmond Sunlight has video: 01/09/2008, 01/09/2008, 01/23/2008, 01/23/2008, 02/01/2008, 02/01/2008, 02/04/2008, 02/04/2008, 02/05/2008, 02/06/2008, 02/06/2008, 02/07/2008, 02/07/2008, 02/08/2008, 02/08/2008, 02/13/2008, 02/13/2008, 02/28/2008, 02/28/2008, 02/29/2008 and 03/06/2008.

Comments

CG2 Consulting, tracking this bill in Photosynthesis, notes:

This bill codifies an Attorney General's opinion that individuals who are not in the United States legally cannot establish domicile in Virginia and, therefore, cannot qualify for in-state tuition.

It also carves out a very narrow exception to the general rule for students who have lived in Virginia for three years, have graduated from Virginia schools, have paid income taxes in Virginia and have a pending application to adjust status. A student who meets all of these requirements could qualify for in-state tuition but only if there is a change in federal law that would remove the legal argument that creating such and exception would expose Virginia to the possiblity that it would have to also grant in-state tuition to any citizen applying from any state.

Posted 6 months ago. #

Andy writes:

I have been entirely LEGALLY resident for 12 year in Virgina and paid all taxs. Yet my son is now been re-classified as out of state due to erroneos state guidelines on federal immigration status. I would hope that this legislation clarifies the position for LEGAL residents. Perhap too late for him.

Posted 6 months ago. #

VirginiaImmigrantAdvocacy, tracking this bill in Photosynthesis, notes:

This bill opens a window of opportunity for certain taxpaying undocumented students to qualify for in-state tuition if they have a pending application to adjust their immigration status.

Posted 5 months ago. #

Julie writes:

If illegals can't afford out-of-state tuition, I suggest they check tuition rates in their native countries. The Commonwealth of Virginia (with my tax dollars) has already paid for their high school diplomas. Enough is enough.

Posted 4 months ago. #