2007 Legislation
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HOUSE BILL NO. 220 – Colleges/univ, residency requiremnt


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Bill Status

H0220..........................................................by EDUCATION
COLLEGES AND UNIVERSITIES - Amends existing law to revise residency
requirements; and to provide for confidentiality of student information.
02/21    House intro - 1st rdg - to printing
02/22    Rpt prt - to Educ

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 220
                                   BY EDUCATION COMMITTEE
  1                                        AN ACT
  5        REFERENCE.
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION  1.  That Section 33-3717B, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
  9        33-3717B.  RESIDENCY REQUIREMENTS.  (1)  For  any  public  institution  of
 10    higher education in Idaho, a "resident student" is:
 11        (a)  Any  student  who  has one (1) or more parent or parents or court-ap-
 12        pointed guardians who are domiciled in the state of  Idaho.  Domicile,  in
 13        the  case of a parent or guardian, means that individual's true, fixed and
 14        permanent home and place of habitation. It is the place where  that  indi-
 15        vidual  intends  to remain, and to which that individual expects to return
 16        when that individual leaves without intending to establish a new  domicile
 17        elsewhere. To qualify under this section, the parent, parents or guardians
 18        must  have  maintained  a  bona fide domicile in the state of Idaho for at
 19        least one (1) year prior to the opening day of the term for which the stu-
 20        dent matriculates.
 21        (b)  Any student, who receives  less  than  fifty  percent  (50%)  of  the
 22        student's  support  from  a parent, parents or legal guardians who are not
 23        residents of this state for voting purposes, but which student has contin-
 24        uously resided in the state of Idaho for twelve (12) months next preceding
 25        the opening day of the term during which the student  proposes  to  attend
 26        the  college  or  university  and  who has in fact established a bona fide
 27        domicile in this state primarily for purposes other than educational.
 28        (c)  Subject to subsection (2) of this section, any student who is a grad-
 29        uate of an accredited secondary school in the  state  of  Idaho,  and  who
 30        matriculates  at  a college or university in the state of Idaho during the
 31        term immediately following such graduation regardless of the residence  of
 32        the student's parent or guardian.
 33        (d)  The  spouse of a person who is classified, or is eligible for classi-
 34        fication, as a resident of the state of Idaho for the purposes of  attend-
 35        ing a college or university.
 36        (e)  A  member  of the armed forces of the United States, stationed in the
 37        state of Idaho on military orders.
 38        (f)  A student whose parent or guardian is a member of  the  armed  forces
 39        and  stationed  in  the state of Idaho on military orders and who receives
 40        fifty percent (50%) or more of support from parents  or  legal  guardians.
 41        The student, while in continuous attendance, shall not lose that residence
 42        when the student's parent or guardian is transferred on military orders.
 43        (g)  A  person  separated,  under  honorable  conditions,  from the United
  1        States armed forces after at least two (2) years of service,  who  at  the
  2        time  of separation designates the state of Idaho as his intended domicile
  3        or who has Idaho as the home of record in service and enters a college  or
  4        university  in the state of Idaho within one (1) year of the date of sepa-
  5        ration.
  6        (h)  Any individual who has been domiciled in  the  state  of  Idaho,  has
  7        qualified    and would otherwise be qualified under the provisions of this
  8        statute and who is away from the state for a period of less than  one  (1)
  9        calendar year and has not established legal residence elsewhere provided a
 10        twelve  (12)  month  period  of  continuous residence has been established
 11        immediately prior to departure.
 12        (i)  A student who is a member of any of the following Idaho Native Ameri-
 13        can Indian tribes, regardless of current domicile, shall be considered  an
 14        Idaho  state  resident  for purposes of fees or tuition at institutions of
 15        higher education: members of the following Idaho  Native  American  Indian
 16        tribes,  whose  traditional  and customary tribal boundaries included por-
 17        tions of the state of Idaho, or whose Indian tribe  was  granted  reserved
 18        lands  within  the state of Idaho: (i) Coeur d'Alene tribe; (ii) Shoshone-
 19        Paiute tribes; (iii) Nez Perce tribe; (iv)  Shoshone-Bannock  tribes;  (v)
 20        Kootenai tribe.
 21        (2)  A  "nonresident  student" shall mean any student who does not qualify
 22    as a "resident student" under the provisions of subsection (1)  of  this  sec-
 23    tion, and shall include:
 24        (a)  A  student  attending  an  institution  in this state with the aid of
 25        financial assistance provided by another state  or  governmental  unit  or
 26        agency  thereof,  such  nonresidency continuing for one (1) year after the
 27        completion of the semester for which such assistance is last provided.
 28        (b)  A person who is not a citizen of the United States  of  America,  who
 29        does  not  have  permanent  or  temporary resident status or does not hold
 30        "refugee-parolee" or "conditional entrant" status with the  United  States
 31        immigration  and  naturalization  service  or is not otherwise permanently
 32        residing in the United States under color of the law and who does not also
 33        meet and comply with all applicable requirements of this section.
 34        (3)  Notwithstanding subsection (2) of this section, any student who meets
 35    all of the following requirements  shall  be  deemed  to  meet  the  residency
 36    requirements:
 37        (a)  Graduation  from  a  public  or  private high school in this state or
 38        attainment of the equivalent of a high school diploma in this state;
 39        (b)  Continuous residence in this state for:
 40             (i)   The three (3) years preceding the date of graduation or receipt
 41             of the diploma equivalent, as applicable; and
 42             (ii)  The year preceding the census date  of  the  academic  term  in
 43             which  the  person is enrolled in an institution of higher education;
 44             and
 45        (c)  Registration as an entering student,  or  current  enrollment  at  an
 46        accredited  institution  of higher education in Idaho not earlier than the
 47        fall semester or quarter of the 2007-2008 academic year; and
 48        (d)  In the case of a person without lawful immigrant status in the United
 49        States, the filing of an affidavit with the institution of  higher  educa-
 50        tion  stating  that  the  student has filed an application to legalize the
 51        student's immigration status, or will file an application as soon  as  the
 52        student is eligible to do so.
 53    Student  information  obtained in the implementation of this subsection (3) is
 54    confidential.
 55        (4)  The establishment of a new domicile in Idaho  by  a  person  formerly
  1    domiciled  in  another state has occurred if such person is physically present
  2    in Idaho primarily for purposes other than educational and can show  satisfac-
  3    tory  proof  that such person is without a present intention to return to such
  4    other state or to acquire a domicile at some other  place  outside  of  Idaho.
  5    Institutions  determining whether a student is domiciled in the state of Idaho
  6    primarily for purposes other than educational shall consider, but shall not be
  7    limited to, the following factors:
  8        (a)  Registration and payment of Idaho taxes or fees on a  motor  vehicle,
  9        mobile  home, travel trailer, or other item of personal property for which
 10        state registration and the payment of a state tax or fee is required;
 11        (b)  Filing of Idaho state income tax returns;
 12        (c)  Permanent full-time employment or the hourly  equivalent  thereof  in
 13        the state of Idaho;
 14        (d)  Registration  to  vote for state elected officials in Idaho at a gen-
 15        eral election.
 16        (45)  The state board of education and the board of regents of the univer-
 17    sity of Idaho shall adopt uniform and standard rules applicable to  all  state
 18    colleges  and  universities now or hereafter established to determine resident
 19    status of any student and to establish procedures for review of that status.
 20        (56)  Appeal from a final determination denying  resident  status  may  be
 21    initiated  by  the  filing of an action in the district court of the county in
 22    which the affected college or university is located; an appeal from  the  dis-
 23    trict court shall lie as in all civil actions.
 24        (67)  Nothing  contained herein shall prevent the state board of education
 25    and the board of regents of the university of Idaho from establishing  quotas,
 26    standards  for  admission,  standards  for  readmission,  or  other  terms and
 27    requirements governing persons who are not residents for  purposes  of  higher
 28    education.
 29        (78)  For  students  who  apply for special graduate and professional pro-
 30    grams including, but not limited to, the WAMI  (Washington,  Alaska,  Montana,
 31    Idaho)   regional  medical  program,  the  WICHE  student  exchange  programs,
 32    Creighton university school of dental science, the university of Utah  college
 33    of  medicine, and the Washington, Oregon, Idaho (WOI) regional program in vet-
 34    erinary medical education, no applicant shall be certified or otherwise desig-
 35    nated as a beneficiary of such special program who has not been a resident  of
 36    the state of Idaho for at least one (1) calendar year previous to the applica-
 37    tion date.
 38        SECTION  2.  That  Section 33-3720, Idaho Code, be, and the same is hereby
 39    amended to read as follows:
 40        33-3720.  PROFESSIONAL STUDIES PROGRAM. (1) It is hereby declared that  it
 41    is  in the public interest to assist Idaho citizens who wish to pursue profes-
 42    sional studies in the fields of medicine, dentistry, veterinary medicine,  and
 43    other  health-related  areas of study which are not available within the state
 44    by (a) entering into  compacts  or  contractual  agreements  which  make  such
 45    courses of study available to Idaho citizens, and (b) providing a mechanism to
 46    provide funds for such Idaho citizens.
 47        (2)  The  state board of education is hereby authorized to enter into loan
 48    agreements with qualified recipients to  participate  in  qualified  programs,
 49    which  agreements  shall include provisions for repayment of the loan on terms
 50    agreed to by the board and the qualified recipient; such repayment  agreements
 51    may  include  provisions for decreasing or delaying or forgiving the repayment
 52    obligation in relationship to the recipient's course of study or agreement  to
 53    return to Idaho to practice professionally.
  1        (a)  A  qualified  recipient  shall  be  any Idaho student accepted into a
  2        qualified program who meets the residency requirements imposed by  section
  3        33-3717B, Idaho Code, and the rules of the state board of education.
  4        (b)  A  qualified  program  shall  be  a  program  enumerated  in  section
  5        33-3717B(78),  Idaho Code, and any other medical, dental, veterinary medi-
  6        cine, or other health-related program in which participation by Idaho res-
  7        idents  has  been  authorized  by the legislature and for which funds have
  8        been obligated by the board pursuant to subsection (3) of this section.
  9        (3)  The state board of education is hereby authorized to  transfer,  dis-
 10    tribute  or  pay  such  moneys  as  are  available in the professional studies
 11    account to the school, program, or compact providing the course of study  pur-
 12    suant to contracts, agreements, or compacts entered into by the legislature or
 13    the state board of education.
 14        (4)  The state board of education is hereby authorized to adopt all neces-
 15    sary rules, subject to the provisions of chapter 52, title 67, Idaho Code, for
 16    the administration of the professional studies program.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 16986

The purpose of this bill is to clarify the residency requirements
for in-state tuition at public institutions of higher education
in Idaho.  Currently, students who have grown up in Idaho and
studied in Idaho high schools but do not have certain listed
immigration statuses do not qualify for in-state tuition at
Idaho's public institutions of higher education.  Some of Idaho's
brightest and best high school students are unable to attend
college or university because they do not qualify for in-state
tuition.  Idaho would benefit if these students obtained higher
education.  This amendment would allow students who have lived in
Idaho for at least three years and attained a high school diploma
or its equivalent in Idaho to attend Idaho institutions of higher
education and pay in-state tuition, regardless of immigration
status.  This amendment does not provide undocumented immigrant
students any benefit that citizen students from other states do
not receive. 

                           FISCAL NOTE

There is no fiscal impact. 

Name: Rep Donna Pence 
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                         H 220