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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 - 2007IN 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 guardianused 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 whoare28not residents of this state for voting purposes, but which studenthas 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 established33a bona fide domicile in this state primarily for purposes other than edu-34cational.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 1mobile home, travel trailer, or other item of personal property for which2state 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