2002 Legislation
Print Friendly

HOUSE BILL NO. 675 – Idaho college degree, resident


View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History

H0675..........................................................by EDUCATION
RESIDENT - IDAHO COLLEGE - Amends existing law to provide resident status
for tuition purposes for any person who has earned a degree at a college or
university within the state of Idaho.
02/22    House intro - 1st rdg - to printing
02/25    Rpt prt - to Educ

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 675
                                   BY EDUCATION COMMITTEE
  1                                        AN ACT
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION 1.  That Section 33-3717, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
 10    EXCEPTIONS. (1) Any student who shall be a full time regularly enrolled  resi-
 11    dent  student  in any degree granting program at a state college or university
 12    now or hereafter established shall not be required to pay tuition in said col-
 13    lege or university, excepting in a professional college,  school,  or  depart-
 14    ment,  or  for  extra  studies or for part-time enrollment. The state board of
 15    education and board of regents for the University of Idaho may prescribe rates
 16    of tuition for nonresident  students,  and  shall  adopt  uniform  regulations
 17    rules,  including a standard definition of a full time regularly enrolled stu-
 18    dent, applicable to all said colleges and universities.
 19        (a)  Tuition shall be defined as the cost of instruction at  the  colleges
 20        and  universities.  The  cost of instruction shall not include those costs
 21        associated with said colleges and universities, such  as  maintenance  and
 22        operation  of  physical plant, student services and institutional support,
 23        which are complementary to, but not a part of the instructional program.
 24        (b)  Matriculation fees shall be defined as the fee  charged  to  students
 25        for  educational  costs excluding the cost of instruction. The state board
 26        of education and board of regents for the University  of  Idaho  may  pre-
 27        scribe matriculation fees for resident students.
 28        (c)  Terms used in this subsection shall be defined as they are defined in
 29        the Idaho College and Universities Statewide Cost Study: General Education
 30        Funds (Final Costs Analysis).
 31        (2)  For purposes of this section, a resident student is:
 32        (a)  Any  student  who  has one (1) or more parent or parents or court-ap-
 33        pointed guardians who are domiciled in the state of  Idaho.  Domicile,  in
 34        the  case of a parent or guardian, means that individual's true, fixed and
 35        permanent home and place of habitation. It is the place where  that  indi-
 36        vidual  intends  to remain, and to which that individual expects to return
 37        when that individual leaves without intending to establish a new  domicile
 38        elsewhere.  To qualify under this section, the parent, parents or guardian
 39        must have maintained a bona fide domicile in the state  of  Idaho  for  at
 40        least one (1) year prior to the opening day of the term for which the stu-
 41        dent matriculates.
 42        (b)  Any  student,  who  receives  less  than  fifty  percent (50%) of the
 43        student's support from a parent, parents or legal guardians  who  are  not
  1        residents of this state for voting purposes, but which student has contin-
  2        uously resided in the state of Idaho for twelve (12) months next preceding
  3        the  opening  day  of the term during which the student proposes to attend
  4        the college or university and who has in  fact  established  a  bona  fide
  5        domicile in this state primarily for purposes other than educational.
  6        (c)  Subject to subsection (3) of this section, any student who is a grad-
  7        uate    of  an  accredited secondary school in the state of Idaho, and who
  8        matriculates at a college or university in the state of Idaho  during  the
  9        term  immediately following such graduation regardless of the residence of
 10        the student's parent or guardian.
 11        (d)  The spouse of a person who is classified, or is eligible for  classi-
 12        fication,  as a resident of the state of Idaho for the purposes of attend-
 13        ing a college or university.
 14        (e)  A member of the armed forces of the United States, stationed  in  the
 15        state of Idaho on military orders.
 16        (f)  A  student  whose  parent or guardian is a member of the armed forces
 17        and stationed in the state of Idaho on military orders  and  who  receives
 18        fifty  percent  (50%)  or more of support from parents or legal guardians.
 19        The student, while in continuous attendance, shall not lose that residence
 20        when the student's parent or guardian is transferred on military orders.
 21        (g)  A person separated,  under  honorable  conditions,  from  the  United
 22        States  armed  forces  after at least two (2) years of service, who at the
 23        time of separation designates the state of Idaho as his intended  domicile
 24        or who has Idaho as the home of record in service  and enters a college or
 25        university  in the state of Idaho within one (1) year of the date of sepa-
 26        ration.
 27        (h)  Any individual who has been domiciled in  the  state  of  Idaho,  has
 28        qualified  and  would  otherwise be qualified under the provisions of this
 29        statute and who is away from the state for a period of less than  one  (1)
 30        calendar year and has not established legal residence elsewhere provided a
 31        twelve  (12)  month  period  of  continuous residence has been established
 32        immediately prior to departure.
 33        (i)  A student who is a member of any of the following Idaho Native Ameri-
 34        can Indian tribes, regardless of current domicile, shall be considered  an
 35        Idaho  state  resident  for  purposes of tuition at institutions of higher
 36        education: Members of the following Idaho Native American  Indian  tribes,
 37        whose traditional and customary tribal boundaries included portions of the
 38        state  of  Idaho,  or whose Indian tribe was granted reserved lands within
 39        the  state  of  Idaho:  (i)  Coeur  d'Alene  tribe;  (ii)  Shoshone-Paiute
 40        tribes; (iii)  Nez Perce tribe; (iv)  Shoshone-Bannock tribes; (v)  Koote-
 41        nai tribe.
 42        (j)  Any person who has earned a degree from  any  college  or  university
 43        physically  located within the state of Idaho and accredited by a regional
 44        or national accrediting agency recognized by the state board of education.
 45        (3)  A "nonresident student" shall mean any student who does  not  qualify
 46    as  a  "resident  student" under the provisions of subsection (2) of this sec-
 47    tion, and shall include:
 48        (a)  A student attending an institution in this  state  with  the  aid  of
 49        financial  assistance  provided  by  another state or governmental unit or
 50        agency thereof, such nonresidency continuing for one (1)  year  after  the
 51        completion of the semester for which such assistance is last provided.
 52        (b)  A  person  who  is not a citizen of the United States of America, who
 53        does not have permanent or temporary resident  status  or  does  not  hold
 54        "refugee-parolee"  or  "conditional entrant" status with the United States
 55        immigration and naturalization service or  is  not  otherwise  permanently
  1        residing in the United States under color of the law and who does not also
  2        meet and comply with all applicable requirements of this section.
  3        (4)  The  establishment  of  a  new domicile in Idaho by a person formerly
  4    domiciled in another state has occurred if such person is  physically  present
  5    in Idaho primarily  for purposes other than educational and can show satisfac-
  6    tory  proof  that such person is without a present intention to return to such
  7    other state or to acquire a domicile at some other  place  outside  of  Idaho.
  8    Institutions  determining whether a student is domiciled in the state of Idaho
  9    primarily for purposes other than educational shall consider, but shall not be
 10    limited to the following factors:
 11        (a)  Registration and payment of Idaho taxes or fees on a  motor  vehicle,
 12        mobile  home, travel trailer, or other item of personal property for which
 13        state registration and the payment of a state tax or fee is required.
 14        (b)  Filing of Idaho state income tax returns.
 15        (c)  Permanent full-time employment or the hourly  equivalent  thereof  in
 16        the state of Idaho.
 17        (d)  Registration  to  vote for state elected officials in Idaho at a gen-
 18        eral election.
 19        (5)  The state board of education and board of regents of  the  University
 20    of  Idaho shall adopt uniform and standard rules and regulations applicable to
 21    all state colleges and universities now or hereafter established to  determine
 22    residence  resident  status  of  any  student  and to establish procedures for
 23    review of that status.
 24        (6)  Appeal from a final determination denying resident status may be ini-
 25    tiated by the filing of an action in the district court of the county in which
 26    the affected college or university is located; an  appeal  from  the  district
 27    court shall lie as in all civil actions.
 28        (7)  Nothing  contained  herein shall prevent the state board of education
 29    and board of regents of the University of Idaho from  waiving  tuition  to  be
 30    paid by nonresident students.
 31        (8)  Nothing  contained  in  this act shall apply to junior community col-
 32    leges  now  or  hereafter  established,  or  to  post-secondary  postsecondary
 33    vocational-technical schools now or hereafter established not connected to  or
 34    a part of a state college or university.
 35        (9)  Nothing  contained  herein shall prevent the state board of education
 36    and board of regents of the University  of  Idaho  from  establishing  quotas,
 37    standards  for  admission,  standards  for  readmission,  or  other  terms and
 38    requirements governing persons who are not residents for  purposes  of  higher
 39    education.
 40        (10) For students who apply for special graduate and professional programs
 41    including,  but  not limited to, the WAMI (Washington, Alaska, Montana, Idaho)
 42    Regional Medical Program, the WICHE Student Exchange Programs, Creighton  Uni-
 43    versity  School of Dental Science, the University of Utah College of Medicine,
 44    and the Washington, Oregon, Idaho (WOI) Regional Program in Veterinary Medical
 45    Education, no applicant shall be certified or otherwise designated as a  bene-
 46    ficiary  of  such  special program who has not been a resident of the state of
 47    Idaho for at least one (1) calendar year previous to the application date.

Statement of Purpose / Fiscal Impact

                    STATEMENT OF PURPOSE
                          RS 11984
Nonresident students at a state college or university are required to
pay tuition to offset the cost of instruction. Resident students are
required to pay a matriculation fee to offset the education costs
excluding the cost of instruction. The dollar amount paid by
nonresident students is significantly higher than the dollar amount
paid by resident students.

Under current law a resident student is defined in several ways,
including someone who:
         * has a parent who is an Idaho resident
         * a graduate of an Idaho high school
         * is married to an Idaho resident
         * is a veteran who upon leaving military service
           declares Idaho as his domicile
         * is a member of an Idaho Native American tribe.
The purpose of this legislation is to define as a resident student
any person who earns a degree from an Idaho college or university.
This will enable young people who studied and paid nonresident
tuition in Idaho for years while getting an undergraduate degree to
continue their post-graduate education at an Idaho college or
university while paying resident fees.

                         FISCAL IMPACT
                        Public Inst  Ricks  Alberton's    NNU  Total
Number of Undergrad Degrees          2,000      200       340  2,540 
Assume 75% are non-residents:
Nonresident Students           385   1,500      150       255  2,290 
Assume 10% go to Grad School:
Nonresident Students to         35     150       15        26    226
        Grad School
    Assume 1/3 Gain Residency Status:
Nonresident Grad Students       20     100       10        20    150

Nonresident Tuition - $6000
        Fiscal Impact                                       $900,000

Name: Representative Kent Kunz
Phone: 332-1120