HB7 would repeal state law passed in 2002 that allows students who have lived in Utah for three years and graduated from high school, or the equivalent, to pay the same tuition rate as resident students.

Some 169 students took advantage of the law in the 2004-05 school year, according to the Utah System of Higher Education.

"The last time I checked, Utah was not a state that endorses high-stakes gambling," Kobach said, referring to the likelihood that Utah, like Kansas, would be sued under the existing law.

However, many who had been hoping to speak against the bill complained that Kobach had already testified twice before last year.

Michael Clara, spokesman for the Utah Hispanic/Latino Legislative Task Force, said it seemed odd that a "carpetbagger" would be given all the time.

"It's ironic they ended up denying the residents of the state a chance to talk to state officials," he said. "It's just non-democratic to allow one side of the issue to be presented constantly without rebuttal."

Choking back tears after the hearing, Stephany Murguia questioned what would happen to some of her fellow students if the bill passes.

"They won't be able to go to school any more," said Murguia, who had hoped to speak on behalf of the Associated Students of the University of Utah General Assembly and Senate, which has passed a resolution opposing HB7. "It's sending a message: Stay here and work or get out," she said of the bill.

Clark Ivory, chairman of the Salt Lake Chamber of Commerce, said he had been hoping to speak on behalf of the business community.

"All they did was bring in this guy, who has obviously got an agenda, and let him speak for 45 minutes about the legalese," Ivory said. "I wasn't going to talk about the legalese, I was going to talk about these other broader issues. . . . Are we going to treat our people as an asset or as a liability?" During Thursday's meeting Dayton had asked for those supporting and opposing the bill to sign in, as part of the public record. They were also asked to stand to show support or opposition of the bill.

"I'm thrilled the public wants to be involved and contact lawmakers," Dayton said, noting that those on both sides of the issue could still contact lawmakers individually before House floor debate.

However, Rep. Dave Ure, R-Kamas, who sponsored the 2002 bill granting the tuition break, said the public should have been heard.

"I really question whether the opinion of one attorney is any better than the opinion of another attorney," Ure said. He said his law "has nothing to do with immigration. It talks about educating people."

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E-mail: dbulkeley@desnews.com