2007 Legislation
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HOUSE BILL NO. 219 – Higher education, residency reqmt

HOUSE BILL NO. 219

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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