That reversal gained momentum Wednesday when the Legislature's Education Interim Committee voted along party lines, 10-3, to send House Bill 239 directly to the House floor during the 2006 session.
HB239 was ready for passage during the 2005 Legislature, but was delayed when questions arose over whether federal law prohibits Utah from providing higher-education opportunities to illegal residents. In addition, lawmakers were concerned that the current law harms U.S. citizens from out of state who are forced to pay higher tuition.
"If it stays on the books, it's an amnesty bill," said Rep. LaVar Christensen.
Utah Hispanic Republicans leader Marco Diaz told the panel the proposed reversal bill harms children who are here through "no fault of their own. Their parents pay taxes, contribute to our society, and it is best . . . to have better qualified individuals who will be contributors to society."
Christensen, a Republican from Draper, pointed out that the 2002 Utah law was contingent on a federal statute, called the Dream Act, that has yet to be passed. That proposed statute would allow states to grant exemptions to nonresident students who live three years in a state and graduate from an in-state high school.
Ironically, federal Dream Act sponsors are Sen. Orrin Hatch and Rep. Chris Cannon, both Utah Republicans. The mention of their names Wednesday drew groans from HB239 supporters.
The Utah bill's sponsor, Rep. Glenn Donnelson, told panelists he was reluctant to proffer the measure because of emotions surrounding illegal immigration.
But the current law, said the North Ogden Republican, is a "huge liability" for Utah taxpayers.
"We could get hit with [repaying] $34 million a year for every year the law has been on the books if Utah college students who paid out-of state tuition sued the state," said Donnelson, who has sought, over the past two legislative sessions, to repeal the 2002 law.
HB239 was sent to the interim committee in February after a Kansas City, Mo., law professor told legislators the law discriminated against "U.S. citizens and lawfully admitted foreign students."
Utahns for Immigration Reform and Enforcement invited the professor - Kris Kobach of the University of Missouri - to return for Wednesday's hearing. He reinforced the group's contention that Utah is continuing to increase its exposure to a "massive lawsuit."
"In a state that doesn't allow high-stakes gambling, Utah is gambling with taxpayers' money," Kobach said.
But Rebecca Chavez-Houck, who represents the Centro de la Familia de Utah, said she wished lawmakers would wait to see what happens on the federal level before repealing an existing law.
"The one good thing is [this decision] happened early enough so that we have time to do a better job of educating legislators," she said.
sykes@sltrib.com
