Tuition repeal loses but could be revived

A bill to repeal in-state tuition for undocumented students could resurface in the House today after it died Tuesday on a 37-37 tie vote.

The only lawmaker absent from Tuesday's vote was Rep. Keith Grover, R-Provo, a co-sponsor of HB224, which would repeal a 2002 law allowing undocumented students to pay in-state tuition if they attend a Utah high school for three years and graduate.

"We just need to keep trying," said Rep. Glenn Donnelson, R-North Ogden, the bill's sponsor.

Donnelson hinted strongly that he'd attempt to bring the bill back, saying he has the needed support from a lawmaker who voted against HB224. According to House rules, the bill could be brought back with a majority vote today, but someone who voted in opposition would have to make the motion.

"I'm always optimistic," Donnelson said. "I have to work hard."

This is the fourth year that Donnelson has sponsored the repeal and the first time it has seen a debate on the House floor. Last year, the bill was held from House debate, in large part by the efforts of former Rep. David Ure, who sponsored the tuition law. Ure, among those at the Capitol Tuesday to advocate against HB224, acknowledged the bill could resurface.

"It was fun to win the first round," Ure said Tuesday. "I'd rather win the final round."

Also at the Capitol, Valery Pozo, a member of the organization Movimiento Estudiantil Chicano/a de Atzlan at the University of Utah, said, "It was just really impressive that they realize education is so important for these children."

Gov. Jon Huntsman Jr. has said he supports the current law, and Mike Mower, the governor's spokesman said, "We were pleased with today's vote. It's an issue we will continue to follow with great interest."

For Alex Segura, director of the anti-illegal immigration group Utah Minuteman Project, the vote indicated "the bill is a viable bill. ... Legislators are putting the compassionate thing aside and looking at the law for a change."

Tuesday's split vote came after more than an hour of debate on the floor, focusing largely on issues of fairness, equal opportunity and a need for federal action. Reps. Karen Morgan, D-Cottonwood Heights, and Carl Duckworth, D-Magna, were the only two Democrats to vote for the repeal. Twenty Republicans voted with opponents.

"There is something wrong with a law that gives a greater benefit to those who are (here illegally) than those who follow our laws," Donnelson said.