An attempt to revive a bill that would repeal a law allowing undocumented immigrants to pay in-state tuition at Utah's colleges and universities narrowly failed in the House Wednesday.

However, despite a second day of defeat, Rep. Glenn Donnelson, R-North Ogden, hasn't given up hope to garner support for his HB224.

"It's not dead until the end of the session," Donnelson said of the bill to repeal the 2002 law granting the in-state tuition rate to undocumented students who attend a Utah high school for three years and graduate.

The motion to bring back and amend HB224 failed in a 36-38 vote, with one lawmaker absent. On Tuesday, the bill failed to advance after a 37-37 tie vote, with co-sponsor Rep. Keith Grover, R-Provo, absent. Grover has not responded to Deseret Morning News requests for interviews.

The bill would not affect undocumented students who enroll by May 2007. Rep. Roger Barrus, R-Centerville, had sought to amend the bill to grandfather in students who enroll before 2010, giving Congress time to act on comprehensive immigration reform, which President Bush has renewed a call for this year.

"We considered this bill given two choices, many of us support both," Barrus said. "We support the rule of law and we support education."

Tony Yapias, director of Proyecto Latino de Utah, said he was pleased with the vote but wary that the issue could resurface. In order to bring back the bill, Donnelson needs 38 votes.

"We have to be vigilant to make sure it doesn't come back," Yapias said. The bill is one of several dealing with illegal immigration that Yapias and other community leaders are eyeing. Two others, including a bill Donnelson is sponsoring to deputize some officers to enforce certain immigration laws, were approved by House commitees Wednesday and now move to the House floor. The other bill, sponsored by Rep. Karen Morgan, D-Cottonwood Heights, would create civil penalties for document fraud.

"We have to know what bill is coming up and when," Yapias said. "We just have to be very vigilant and ready to act whatever the issue may be."

This is the fourth year that Donnelson has sponsored such a repeal and the first time it has seen a floor debate. Last year's legislation was held up in the Rules Committee, and the only vote it saw was a 35-34 decision to keep it in there.

Donnelson said he'll continue to "work hard" on the measure. It's one of several he's sponsoring dealing with illegal immigration because of a frustration over a lack of federal action on the issue.

"We just have a problem here," Donnelson said. "We graduate them and they can't get a job. It absolutely has to change."

In the 2005-06 school year, 182 students took advantage of Utah's tuition waiver for a total savings of $887,790 over what they would have paid in out-of-state tuition.