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H0219..........................................................by EDUCATION
HIGHER EDUCATION - Amends existing law relating to residency requirements
for public institutions of higher education to revise a definition of
"resident student"; to provide a presumption of intent to be in Idaho for
primarily educational purposes; to provide conditions that prove the
establishment and maintenance of a domicile in Idaho for purposes other
than educational purposes; and to provide factors that may indicate intent
to establish and maintain a domicile in Idaho for purposes other than
educational.
02/21 House intro - 1st rdg - to printing
02/22 Rpt prt - to Educ
03/05 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/07 3rd rdg - PASSED - 45-22-3
AYES -- Anderson, Bayer, Bilbao, Bock, Boe, Bolz, Brackett, Bradford,
Chadderdon, Chavez, Chew, Durst, Edmunson, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Lake, LeFavour,
Mortimer, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Ring,
Ringo, Roberts, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8),
Shirley, Shively, Snodgrass, Trail, Vander Woude, Wills, Wood(27)
NAYS -- Andrus, Barrett, Bedke, Black, Block, Clark, Collins, Crane,
Kren, Labrador, Loertscher, Luker, Marriott, Mathews, McGeachin,
Moyle, Raybould, Ruchti, Smith(30), Stevenson, Thayn, Wood(35)
Absent and excused -- Bell, Smith(24), Mr. Speaker
Floor Sponsor - Henbest
Title apvd - to Senate
03/08 Senate intro - 1st rdg - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 219
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO RESIDENCY REQUIREMENTS FOR PUBLIC INSTITUTIONS OF HIGHER EDUCA-
3 TION; AMENDING SECTION 33-3717B, IDAHO CODE, TO REVISE THE DEFINITION OF
4 "RESIDENT STUDENT," TO PROVIDE A PRESUMPTION OF INTENT TO BE IN IDAHO FOR
5 PRIMARILY EDUCATIONAL PURPOSES, TO PROVIDE CONDITIONS THAT PROVE THE
6 ESTABLISHMENT AND MAINTENANCE OF A DOMICILE IN IDAHO FOR PURPOSES OTHER
7 THAN EDUCATIONAL PURPOSES AND TO PROVIDE FACTORS THAT MAY INDICATE INTENT
8 TO ESTABLISH AND MAINTAIN A DOMICILE IN IDAHO FOR PURPOSES OTHER THAN EDU-
9 CATIONAL.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 33-3717B, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 33-3717B. RESIDENCY REQUIREMENTS. (1) For any public institution of
14 higher education in Idaho, a "resident student" is:
15 (a) Any student who has one (1) or more parent or parents or court-ap-
16 pointed guardians who are domiciled in the state of Idaho and the parent,
17 parents or guardians provide at least fifty percent (50%) of the student's
18 support. Domicile, in the case of a parent or guardian used in this sec-
19 tion, means that individual's true, fixed and permanent home and place of
20 habitation. It is the place where that individual intends to remain, and
21 to which that individual expects to return when that individual leaves
22 without intending to establish a new domicile elsewhere. To qualify under
23 this section, the parent, parents or guardians must have maintained a bona
24 fide domicile in the state of Idaho for at least one (1) year prior to the
25 opening day of the term for which the student matriculates.
26 (b) Any student, who receives less than fifty percent (50%) of the
27 student's support from a parent, parents or legal guardians and who are
28 not residents of this state for voting purposes, but which student has
29 continuously resided and maintained a bona fide domicile in the state of
30 Idaho primarily for purposes other than educational for twelve (12) months
31 next preceding the opening day of the term during which the student pro-
32 poses to attend the college or university. and who has in fact established
33 a bona fide domicile in this state primarily for purposes other than edu-
34 cational.
35 (c) Subject to subsection (2) of this section, any student who is a grad-
36 uate of an accredited secondary school in the state of Idaho, and who
37 matriculates at a college or university in the state of Idaho during the
38 term immediately following such graduation regardless of the residence of
39 the student's parent or guardian.
40 (d) The spouse of a person who is classified, or is eligible for classi-
41 fication, as a resident of the state of Idaho for the purposes of attend-
42 ing a college or university.
43 (e) A member of the armed forces of the United States, stationed in the
2
1 state of Idaho on military orders.
2 (f) A student whose parent or guardian is a member of the armed forces
3 and stationed in the state of Idaho on military orders and who receives
4 fifty percent (50%) or more of support from parents or legal guardians.
5 The student, while in continuous attendance, shall not lose that residence
6 when the student's parent or guardian is transferred on military orders.
7 (g) A person separated, under honorable conditions, from the United
8 States armed forces after at least two (2) years of service, who at the
9 time of separation designates the state of Idaho as his intended domicile
10 or who has Idaho as the home of record in service and enters a college or
11 university in the state of Idaho within one (1) year of the date of sepa-
12 ration.
13 (h) Any individual who has been domiciled in the state of Idaho, has
14 qualified and would otherwise be qualified under the provisions of this
15 statute and who is away from the state for a period of less than one (1)
16 calendar year and has not established legal residence elsewhere provided a
17 twelve (12) month period of continuous residence has been established
18 immediately prior to departure.
19 (i) A student who is a member of any of the following Idaho Native Ameri-
20 can Indian tribes, regardless of current domicile, shall be considered an
21 Idaho state resident for purposes of fees or tuition at institutions of
22 higher education: members of the following Idaho Native American Indian
23 tribes, whose traditional and customary tribal boundaries included por-
24 tions of the state of Idaho, or whose Indian tribe was granted reserved
25 lands within the state of Idaho: (i) Coeur d'Alene tribe; (ii) Shoshone-
26 Paiute tribes; (iii) Nez Perce tribe; (iv) Shoshone-Bannock tribes; (v)
27 Kootenai tribe.
28 (2) A "nonresident student" shall mean any student who does not qualify
29 as a "resident student" under the provisions of subsection (1) of this sec-
30 tion, and shall include:
31 (a) A student attending an institution in this state with the aid of
32 financial assistance provided by another state or governmental unit or
33 agency thereof, such nonresidency continuing for one (1) year after the
34 completion of the semester for which such assistance is last provided.
35 (b) A person who is not a citizen of the United States of America, who
36 does not have permanent or temporary resident status or does not hold
37 "refugee-parolee" or "conditional entrant" status with the United States
38 immigration and naturalization service or is not otherwise permanently
39 residing in the United States under color of the law and who does not also
40 meet and comply with all applicable requirements of this section.
41 (3) The establishment of a new domicile in Idaho by a person formerly
42 domiciled in another state has occurred if such person is physically present
43 in Idaho primarily for purposes other than educational and can show satisfac-
44 tory proof that such person is without a present intention to return to such
45 other state or to acquire a domicile at some other place outside of Idaho. A
46 student who is enrolled for more than eight (8) hours in any semester or quar-
47 ter during a twelve (12) month period shall be presumed to be in Idaho for
48 primarily educational purposes. Such period of enrollment shall not be counted
49 toward the establishment of a bona fide domicile in the state unless the stu-
50 dent proves, in fact, establishment of a bona fide domicile in this state pri-
51 marily for purposes other than educational. Institutions determining whether a
52 student is domiciled in the state of Idaho primarily for purposes other than
53 educational shall consider, but shall not be limited to, the following fac-
54 tors:
55 (a) Registration and payment of Idaho taxes or fees on a motor vehicle,
3
1 mobile home, travel trailer, or other item of personal property for which
2 state registration and the payment of a state tax or fee is required; Any
3 of the following prove the establishment and maintenance of a domicile in
4 Idaho for purposes other than educational and support classification of a
5 student as an Idaho resident:
6 (bi) Filing of Idaho state income tax returns covering a period of
7 at least twelve (12) months before the term in which the student pro-
8 poses to enroll as a resident;
9 (cii) Permanent full-time employment or the hourly equivalent
10 thereof in the state of Idaho for at least twelve (12) months before
11 the term in which the student proposes to enroll as a resident;
12 (iii) Ownership by the student of the student's living quarters for
13 at least twelve (12) months before the term in which the student pro-
14 poses to enroll as a resident;
15 (b) The following factors lend support to domiciliary intent and their
16 absence indicates a lack of domiciliary intent. By themselves, they do not
17 constitute sufficient evidence of the establishment and maintenance of a
18 domicile in Idaho for purposes other than educational:
19 (di) Registration and payment of Idaho taxes or fees on a motor
20 vehicle, mobile home, travel trailer, or other item of personal prop-
21 erty for which state registration and the payment of a state tax or
22 fee is required at least twelve (12) months before the term in which
23 the student proposes to enroll as a resident;
24 (ii) Registration to vote for state elected officials in Idaho at a
25 general election at least twelve (12) months before the term in which
26 the student proposes to enroll as a resident;
27 (iii) Holding an Idaho driver's license at least twelve (12) months
28 before the term in which the student proposes to enroll as a resi-
29 dent;
30 (iv) Evidence of abandonment or a previous domicile at least twelve
31 (12) months before the term in which the student proposes to enroll
32 as a resident;
33 (v) Presence of household goods in Idaho for at least twelve (12)
34 months before the term in which the student proposes to enroll as a
35 residents;
36 (vi) Establishment of accounts with Idaho financial institutions at
37 least twelve (12) months before the term in which the student pro-
38 poses to enroll as a resident;
39 (vii) Other similar factors indicating intent to be domiciled in
40 Idaho and the maintenance of such domicile for at least twelve (12)
41 months before the term in which the student proposes to enroll as a
42 resident.
43 (4) The state board of education and the board of regents of the univer-
44 sity of Idaho shall adopt uniform and standard rules applicable to all state
45 colleges and universities now or hereafter established to determine resident
46 status of any student and to establish procedures for review of that status.
47 (5) Appeal from a final determination denying resident status may be ini-
48 tiated by the filing of an action in the district court of the county in which
49 the affected college or university is located; an appeal from the district
50 court shall lie as in all civil actions.
51 (6) Nothing contained herein shall prevent the state board of education
52 and the board of regents of the university of Idaho from establishing quotas,
53 standards for admission, standards for readmission, or other terms and
54 requirements governing persons who are not residents for purposes of higher
55 education.
4
1 (7) For students who apply for special graduate and professional programs
2 including, but not limited to, the WAMI (Washington, Alaska, Montana, Idaho)
3 regional medical program, the WICHE student exchange programs, Creighton uni-
4 versity school of dental science, the university of Utah college of medicine,
5 and the Washington, Oregon, Idaho (WOI) regional program in veterinary medical
6 education, no applicant shall be certified or otherwise designated as a bene-
7 ficiary of such special program who has not been a resident of the state of
8 Idaho for at least one (1) calendar year previous to the application date.
STATEMENT OF PURPOSE
RS 17006
The legislation clarifies and strengthens requirements for
obtaining residency in Idaho for the purpose of qualifying for
resident fees at the state's institutions for higher education.
This is a result of an OPE study on higher education residency
that has been accepted by JLOC.
FISCAL NOTE
No impact to the general fund and may bring additional revenue to
individual universities from non-resident fees.
Contact
Name: Rep. Margaret Henbest
Phone: (208)332-1131
Sen. Shawn Keough
STATEMENT OF PURPOSE/FISCAL NOTE H 219