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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
|||| 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
2 RELATING TO RESIDENCY FOR PURPOSES OF COLLEGE AND UNIVERSITY ATTENDANCE;
3 AMENDING SECTION 33-3717, IDAHO CODE, TO PROVIDE RESIDENT STATUS FOR ANY
4 PERSON WHO HAS EARNED A DEGREE AT A COLLEGE OR UNIVERSITY WITHIN THE STATE
5 OF IDAHO AND TO MAKE TECHNICAL CORRECTIONS.
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:
9 33-3717. TUITION AT STATE COLLEGES AND UNIVERSITIES NOT REQUIRED --
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
2
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
3
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
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
Contact
Name: Representative Kent Kunz
Phone: 332-1120
STATEMENT OF PURPOSE/FISCAL NOTE H 675