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1988 Utah Attorney General Reports and Opinions 1 (1988)

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October 27, 1987
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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.
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