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1988 Utah Attorney General Reports and Opinions 1 (1988)

handle is hein.sag/sagut0004 and id is 1 raw text is: TI IIATTORNIHY GlFNI-1?.11 '-1T.X T I , 01 , ('T.Itl DI).\ l I.. \\ll.IlNSN 1~~~ ~ ~ ~ ~ 'A 1 \. ,N4i IAI1.\1.W RN L P 1 A 14-1 1 '.1 144t -, , 4 '1 4.. . October 27, 1987 ..... . . .. .4f William Rolfe Kerr Commissioner of Higher Education State Board of Regents 355 West North Temple Salt Lake City, Utah 84180-1205 Re: Informal Opinion No. 87-28 Extraterritorial effect of student loan guarantee statute. Dear Commissioner Kerr: As an Assistant Attorney General, I am writing in response to your request for an opinion regarding the practical application of Utah Code Annotated 53B-11-101 et seq. and related statutes. I will address the issues as framed in your letter. ISSUE T: DOES THE PRESENT UTAH STATUTE GOVERNING THE UTAH STUDENT LOAN PROGRAM ALLOW UHEAA TO EXPAND ITS GUARANTEE ACTIVITIES OUTSIDE OF UTAH FOR NON-UTAH RESIDENTS THROUGH UTAH BASED LENDING INSTITUTIONS? Short answer: No, it is a well-establisned rule of statutory construction that unless the intention to have a statute operate beyond the limits of the state is clearly expressed or indicated by its language, purpose, subject matter, or history, no legislation is presumed to be intended to operate outside the terro.torial jurisdiction of the state enacting it. Discussion: A. The Federal Guaranteed Student Loan Program has broad eligibility requirements and considerable variation among programs as to student eligibility permitted by federal law; thus eligibility requirements vary from state to state according to enabling legislation. 21 L'2$ ST1TIA (.1Trroi. * 1 TI.-.I'lHON --' 01 -:5.'1-.12( * SAI I.AWI: (CIT1Y. VAT.1 114 11 .t