2008 Legislation
Print Friendly

HOUSE BILL NO. 385<br /> – College/univ, students, residency

HOUSE BILL NO. 385

View Bill Status

View Bill Text

View Amendment

View Engrossed Bill (Original Bill with Amendment(s) Incorporated)

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



H0385aa........................................................by EDUCATION
HIGHER EDUCATION - Amends existing law relating to higher education to
revise the definition of resident student to include an officer or an
enlisted member of the Idaho National Guard.

01/22    House intro - 1st rdg - to printing
01/23    Rpt prt - to Educ
02/05    Rpt out - to Gen Ord
02/11    Rpt out amen - to engros
02/12    Rpt engros - 1st rdg - to 2nd rdg as amen
02/13    2nd rdg - to 3rd rdg as amen
02/18    3rd rdg as amen - PASSED - 70-0-0
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
      Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren,
      Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews,
      McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick,
      Pence, Raybould, Ringo(Cooke), Roberts, Ruchti, Rusche, Sayler,
      Schaefer, Shepherd(02), Shepherd(08), Shirley, Shively, Smith(24),
      Smith(30)(Stanek), Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander
      Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Killen
    Title apvd - to Senate
02/19    Senate intro - 1st rdg - to Educ
02/21    Rpt out - rec d/p - to 2nd rdg
02/22    2nd rdg - to 3rd
02/27    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Gannon
    Floor Sponsors - Burkett & Fulcher
    Title apvd - to House
02/28    To enrol
02/29    Rpt enrol - Sp signed
03/03    Pres signed
03/04    To Governor
03/05    Governor signed
         Session Law Chapter 66
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 385

                                   BY EDUCATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO EDUCATION; AMENDING SECTION 33-2110B, IDAHO CODE,  TO  REVISE  THE
  3        DEFINITION  OF  "RESIDENT  STUDENT" AND TO MAKE TECHNICAL CORRECTIONS; AND
  4        AMENDING SECTION  33-3717B,  IDAHO  CODE,  TO  REVISE  THE  DEFINITION  OF
  5        "RESIDENT STUDENT."

  6    Be It Enacted by the Legislature of the State of Idaho:

  7        SECTION  1.  That Section 33-2110B, Idaho Code, be, and the same is hereby
  8    amended to read as follows:

  9        33-2110B.  RESIDENCY -- RULES -- APPEAL -- STANDARDS FOR NONRESIDENTS. (1)
 10    For purposes of this chapter, a "resident student" is:
 11        (a)  Any student whose parents or court-appointed guardians are  domiciled
 12        in  the junior community college district and provide more than fifty per-
 13        cent (50%) of his support. Domicile means an individual's true, fixed  and
 14        permanent  home  and place of habitation. It is the place where he intends
 15        to remain, and to which he  expects  to  return  when  he  leaves  without
 16        intending  to  establish  a  new domicile elsewhere. To qualify under this
 17        section the parents or guardian must have resided continuously in the jun-
 18        ior community college district for twelve (12) months next  preceding  the
 19        opening day of the term for which the student matriculates.
 20        (b)  Any student who receives less than fifty percent (50%) of his support
 21        from parents or legal guardians who are not residents of the junior commu-
 22        nity college district for voting purposes and who has continuously resided
 23        in  the junior community college district for twelve (12) months next pre-
 24        ceding the opening day of the period of instruction during which  he  pro-
 25        poses to attend the junior community college.
 26        (c)  The  spouse of a person who is classified, or is eligible for classi-
 27        fication, as a resident of the junior community college district  for  the
 28        purposes of attending that junior community college.
 29        (d)  A  member  of the armed forces of the United States, stationed in the
 30        junior community college district on military orders.
 31        (e)  An officer or an enlisted member of the Idaho national guard.
 32        (f)  A student whose parents or guardians are members of the armed  forces
 33        and  stationed in the junior community college district on military orders
 34        and who receives fifty percent (50%) or more of support  from  parents  or
 35        legal  guardians.  The  student, while in continuous attendance, shall not
 36        lose his residence when his parents or guardians are transferred on  mili-
 37        tary orders.
 38        (fg)  A  person  separated,  under  honorable  conditions, from the United
 39        States armed forces after at least two (2) years of active service, who at
 40        the time of separation designates the junior community college district as
 41        his intended domicile or who has the district as the  home  of  record  in
 42        service   and  enters  the junior community college within one (1) year of
 43        the date of separation.

                                       2

  1        (gh)  Any individual who has been domiciled in the junior  community  col-
  2        lege  district,  has  qualified and would otherwise be qualified under the
  3        provisions of this statute, and who is away from the district for a period
  4        of less than one (1) calendar year and has not established legal residence
  5        elsewhere provided a twelve (12) month period of continuous residence  has
  6        been established immediately prior to departure.
  7        (2)  A  junior  community  college board of trustees shall adopt rules and
  8    regulations applicable to their college now or hereafter established to deter-
  9    mine residence status of any student and to establish procedures for review of
 10    that status.
 11        (3)  Appeal from a final determination denying resident status may be ini-
 12    tiated by the filing of an action in the district court of the county in which
 13    the affected junior community college is located. An appeal from the  district
 14    court shall lie as in all civil actions.
 15        (4)  Nothing  contained  herein  shall  prevent a junior community college
 16    board of trustees from waiving tuition to be paid by nonresident students.
 17        (5)  Nothing contained herein shall prevent  a  junior  community  college
 18    board of trustees from establishing quotas, standards for admission, standards
 19    for readmission, or other terms and requirements governing persons who are not
 20    residents for purposes of the first two (2) years of postsecondary education.

 21        SECTION  2.  That Section 33-3717B, Idaho Code, be, and the same is hereby
 22    amended to read as follows:

 23        33-3717B.  RESIDENCY REQUIREMENTS.  (1)  For  any  public  institution  of
 24    higher education in Idaho, a "resident student" is:
 25        (a)  Any  student  who  has one (1) or more parent or parents or court-ap-
 26        pointed guardians who are domiciled in the state of  Idaho.  Domicile,  in
 27        the  case of a parent or guardian, means that individual's true, fixed and
 28        permanent home and place of habitation. It is the place where  that  indi-
 29        vidual  intends  to remain, and to which that individual expects to return
 30        when that individual leaves without intending to establish a new  domicile
 31        elsewhere. To qualify under this section, the parent, parents or guardians
 32        must  have  maintained  a  bona fide domicile in the state of Idaho for at
 33        least one (1) year prior to the opening day of the term for which the stu-
 34        dent matriculates.
 35        (b)  Any student, who receives  less  than  fifty  percent  (50%)  of  the
 36        student's  support  from  a parent, parents or legal guardians who are not
 37        residents of this state for voting purposes, but which student has contin-
 38        uously resided in the state of Idaho for twelve (12) months next preceding
 39        the opening day of the term during which the student  proposes  to  attend
 40        the  college  or  university  and  who has in fact established a bona fide
 41        domicile in this state primarily for purposes other than educational.
 42        (c)  Subject to subsection (2) of this section, any student who is a grad-
 43        uate of an accredited secondary school in the  state  of  Idaho,  and  who
 44        matriculates  at  a college or university in the state of Idaho during the
 45        term immediately following such graduation regardless of the residence  of
 46        the student's parent or guardian.
 47        (d)  The  spouse of a person who is classified, or is eligible for classi-
 48        fication, as a resident of the state of Idaho for the purposes of  attend-
 49        ing a college or university.
 50        (e)  A  member  of the armed forces of the United States, stationed in the
 51        state of Idaho on military orders.
 52        (f)  An officer or an enlisted member of the Idaho national guard.
 53        (g)  A student whose parent or guardian is a member of  the  armed  forces

                                       3

  1        and  stationed  in  the state of Idaho on military orders and who receives
  2        fifty percent (50%) or more of support from parents  or  legal  guardians.
  3        The student, while in continuous attendance, shall not lose that residence
  4        when the student's parent or guardian is transferred on military orders.
  5        (gh)  A  person  separated,  under  honorable  conditions, from the United
  6        States armed forces after at least two (2) years of service,  who  at  the
  7        time  of separation designates the state of Idaho as his intended domicile
  8        or who has Idaho as the home of record in service and enters a college  or
  9        university  in the state of Idaho within one (1) year of the date of sepa-
 10        ration.
 11        (hi)  Any individual who has been domiciled in the  state  of  Idaho,  has
 12        qualified  and  would  otherwise be qualified under the provisions of this
 13        statute and who is away from the state for a period of less than  one  (1)
 14        calendar year and has not established legal residence elsewhere provided a
 15        twelve  (12)  month  period  of  continuous residence has been established
 16        immediately prior to departure.
 17        (ij)  A student who is a member of any of the following Idaho Native Amer-
 18        ican Indian tribes, regardless of current domicile, shall be considered an
 19        Idaho state resident for purposes of fees or tuition  at  institutions  of
 20        higher  education:  members  of the following Idaho Native American Indian
 21        tribes, whose traditional and customary tribal  boundaries  included  por-
 22        tions  of  the  state of Idaho, or whose Indian tribe was granted reserved
 23        lands within the state of Idaho: (i) Coeur d'Alene tribe;  (ii)  Shoshone-
 24        Paiute  tribes;  (iii)  Nez Perce tribe; (iv) Shoshone-Bannock tribes; (v)
 25        Kootenai tribe.
 26        (2)  A "nonresident student" shall mean any student who does  not  qualify
 27    as  a  "resident  student" under the provisions of subsection (1) of this sec-
 28    tion, and shall include:
 29        (a)  A student attending an institution in this  state  with  the  aid  of
 30        financial  assistance  provided  by  another state or governmental unit or
 31        agency thereof, such nonresidency continuing for one (1)  year  after  the
 32        completion of the semester for which such assistance is last provided.
 33        (b)  A  person  who  is not a citizen of the United States of America, who
 34        does not have permanent or temporary resident  status  or  does  not  hold
 35        "refugee-parolee"  or  "conditional entrant" status with the United States
 36        immigration and naturalization service or  is  not  otherwise  permanently
 37        residing in the United States under color of the law and who does not also
 38        meet and comply with all applicable requirements of this section.
 39        (3)  The  establishment  of  a  new domicile in Idaho by a person formerly
 40    domiciled in another state has occurred if such person is  physically  present
 41    in  Idaho primarily for purposes other than educational and can show satisfac-
 42    tory proof that such person is without a present intention to return  to  such
 43    other  state  or  to  acquire a domicile at some other place outside of Idaho.
 44    Institutions determining whether a student is domiciled in the state of  Idaho
 45    primarily for purposes other than educational shall consider, but shall not be
 46    limited to, the following factors:
 47        (a)  Registration  and  payment of Idaho taxes or fees on a motor vehicle,
 48        mobile home, travel trailer, or other item of personal property for  which
 49        state registration and the payment of a state tax or fee is required;
 50        (b)  Filing of Idaho state income tax returns;
 51        (c)  Permanent  full-time  employment  or the hourly equivalent thereof in
 52        the state of Idaho;
 53        (d)  Registration to vote for state elected officials in Idaho at  a  gen-
 54        eral election.
 55        (4)  The  state board of education and the board of regents of the univer-

                                       4

  1    sity of Idaho shall adopt uniform and standard rules applicable to  all  state
  2    colleges  and  universities now or hereafter established to determine resident
  3    status of any student and to establish procedures for review of that status.
  4        (5)  Appeal from a final determination denying resident status may be ini-
  5    tiated by the filing of an action in the district court of the county in which
  6    the affected college or university is located; an  appeal  from  the  district
  7    court shall lie as in all civil actions.
  8        (6)  Nothing  contained  herein shall prevent the state board of education
  9    and the board of regents of the university of Idaho from establishing  quotas,
 10    standards  for  admission,  standards  for  readmission,  or  other  terms and
 11    requirements governing persons who are not residents for  purposes  of  higher
 12    education.
 13        (7)  For students who apply for special graduate and professional programs
 14    including,  but  not limited to, the WAMI (Washington, Alaska, Montana, Idaho)
 15    regional medical program, the WICHE student exchange programs, Creighton  uni-
 16    versity  school of dental science, the university of Utah college of medicine,
 17    and the Washington, Oregon, Idaho (WOI) regional program in veterinary medical
 18    education, no applicant shall be certified or otherwise designated as a  bene-
 19    ficiary  of  such  special program who has not been a resident of the state of
 20    Idaho for at least one (1) calendar year previous to the application date.

Amendment




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                                     Moved by    Wills 

                                                     Seconded by Block 


                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 385


  1                                AMENDMENT TO SECTION 2
  2        On page 4 of the printed bill, in  line  14,  delete  "WAMI"  and  insert:
  3    "WWAMI" and also in line 14, following "Washington," insert: "Wyoming,".

  4                                 CORRECTION TO TITLE
  5        On page 1, in line 5, delete "STUDENT."" and insert: "STUDENT" AND TO MAKE
  6    TECHNICAL CORRECTIONS.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                               HOUSE BILL NO. 385, As Amended

                                   BY EDUCATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO EDUCATION; AMENDING SECTION 33-2110B, IDAHO CODE,  TO  REVISE  THE
  3        DEFINITION  OF  "RESIDENT  STUDENT" AND TO MAKE TECHNICAL CORRECTIONS; AND
  4        AMENDING SECTION  33-3717B,  IDAHO  CODE,  TO  REVISE  THE  DEFINITION  OF
  5        "RESIDENT STUDENT" AND TO MAKE TECHNICAL CORRECTIONS.

  6    Be It Enacted by the Legislature of the State of Idaho:

  7        SECTION  1.  That Section 33-2110B, Idaho Code, be, and the same is hereby
  8    amended to read as follows:

  9        33-2110B.  RESIDENCY -- RULES -- APPEAL -- STANDARDS FOR NONRESIDENTS. (1)
 10    For purposes of this chapter, a "resident student" is:
 11        (a)  Any student whose parents or court-appointed guardians are  domiciled
 12        in  the junior community college district and provide more than fifty per-
 13        cent (50%) of his support. Domicile means an individual's true, fixed  and
 14        permanent  home  and place of habitation. It is the place where he intends
 15        to remain, and to which he  expects  to  return  when  he  leaves  without
 16        intending  to  establish  a  new domicile elsewhere. To qualify under this
 17        section the parents or guardian must have resided continuously in the jun-
 18        ior community college district for twelve (12) months next  preceding  the
 19        opening day of the term for which the student matriculates.
 20        (b)  Any student who receives less than fifty percent (50%) of his support
 21        from parents or legal guardians who are not residents of the junior commu-
 22        nity college district for voting purposes and who has continuously resided
 23        in  the junior community college district for twelve (12) months next pre-
 24        ceding the opening day of the period of instruction during which  he  pro-
 25        poses to attend the junior community college.
 26        (c)  The  spouse of a person who is classified, or is eligible for classi-
 27        fication, as a resident of the junior community college district  for  the
 28        purposes of attending that junior community college.
 29        (d)  A  member  of the armed forces of the United States, stationed in the
 30        junior community college district on military orders.
 31        (e)  An officer or an enlisted member of the Idaho national guard.
 32        (f)  A student whose parents or guardians are members of the armed  forces
 33        and  stationed in the junior community college district on military orders
 34        and who receives fifty percent (50%) or more of support  from  parents  or
 35        legal  guardians.  The  student, while in continuous attendance, shall not
 36        lose his residence when his parents or guardians are transferred on  mili-
 37        tary orders.
 38        (fg)  A  person  separated,  under  honorable  conditions, from the United
 39        States armed forces after at least two (2) years of active service, who at
 40        the time of separation designates the junior community college district as
 41        his intended domicile or who has the district as the  home  of  record  in
 42        service   and  enters  the junior community college within one (1) year of
 43        the date of separation.

                                       2

  1        (gh)  Any individual who has been domiciled in the junior  community  col-
  2        lege  district,  has  qualified and would otherwise be qualified under the
  3        provisions of this statute, and who is away from the district for a period
  4        of less than one (1) calendar year and has not established legal residence
  5        elsewhere provided a twelve (12) month period of continuous residence  has
  6        been established immediately prior to departure.
  7        (2)  A  junior  community  college board of trustees shall adopt rules and
  8    regulations applicable to their college now or hereafter established to deter-
  9    mine residence status of any student and to establish procedures for review of
 10    that status.
 11        (3)  Appeal from a final determination denying resident status may be ini-
 12    tiated by the filing of an action in the district court of the county in which
 13    the affected junior community college is located. An appeal from the  district
 14    court shall lie as in all civil actions.
 15        (4)  Nothing  contained  herein  shall  prevent a junior community college
 16    board of trustees from waiving tuition to be paid by nonresident students.
 17        (5)  Nothing contained herein shall prevent  a  junior  community  college
 18    board of trustees from establishing quotas, standards for admission, standards
 19    for readmission, or other terms and requirements governing persons who are not
 20    residents for purposes of the first two (2) years of postsecondary education.

 21        SECTION  2.  That Section 33-3717B, Idaho Code, be, and the same is hereby
 22    amended to read as follows:

 23        33-3717B.  RESIDENCY REQUIREMENTS.  (1)  For  any  public  institution  of
 24    higher education in Idaho, a "resident student" is:
 25        (a)  Any  student  who  has one (1) or more parent or parents or court-ap-
 26        pointed guardians who are domiciled in the state of  Idaho.  Domicile,  in
 27        the  case of a parent or guardian, means that individual's true, fixed and
 28        permanent home and place of habitation. It is the place where  that  indi-
 29        vidual  intends  to remain, and to which that individual expects to return
 30        when that individual leaves without intending to establish a new  domicile
 31        elsewhere. To qualify under this section, the parent, parents or guardians
 32        must  have  maintained  a  bona fide domicile in the state of Idaho for at
 33        least one (1) year prior to the opening day of the term for which the stu-
 34        dent matriculates.
 35        (b)  Any student, who receives  less  than  fifty  percent  (50%)  of  the
 36        student's  support  from  a parent, parents or legal guardians who are not
 37        residents of this state for voting purposes, but which student has contin-
 38        uously resided in the state of Idaho for twelve (12) months next preceding
 39        the opening day of the term during which the student  proposes  to  attend
 40        the  college  or  university  and  who has in fact established a bona fide
 41        domicile in this state primarily for purposes other than educational.
 42        (c)  Subject to subsection (2) of this section, any student who is a grad-
 43        uate of an accredited secondary school in the  state  of  Idaho,  and  who
 44        matriculates  at  a college or university in the state of Idaho during the
 45        term immediately following such graduation regardless of the residence  of
 46        the student's parent or guardian.
 47        (d)  The  spouse of a person who is classified, or is eligible for classi-
 48        fication, as a resident of the state of Idaho for the purposes of  attend-
 49        ing a college or university.
 50        (e)  A  member  of the armed forces of the United States, stationed in the
 51        state of Idaho on military orders.
 52        (f)  An officer or an enlisted member of the Idaho national guard.
 53        (g)  A student whose parent or guardian is a member of  the  armed  forces

                                       3

  1        and  stationed  in  the state of Idaho on military orders and who receives
  2        fifty percent (50%) or more of support from parents  or  legal  guardians.
  3        The student, while in continuous attendance, shall not lose that residence
  4        when the student's parent or guardian is transferred on military orders.
  5        (gh)  A  person  separated,  under  honorable  conditions, from the United
  6        States armed forces after at least two (2) years of service,  who  at  the
  7        time  of separation designates the state of Idaho as his intended domicile
  8        or who has Idaho as the home of record in service and enters a college  or
  9        university  in the state of Idaho within one (1) year of the date of sepa-
 10        ration.
 11        (hi)  Any individual who has been domiciled in the  state  of  Idaho,  has
 12        qualified  and  would  otherwise be qualified under the provisions of this
 13        statute and who is away from the state for a period of less than  one  (1)
 14        calendar year and has not established legal residence elsewhere provided a
 15        twelve  (12)  month  period  of  continuous residence has been established
 16        immediately prior to departure.
 17        (ij)  A student who is a member of any of the following Idaho Native Amer-
 18        ican Indian tribes, regardless of current domicile, shall be considered an
 19        Idaho state resident for purposes of fees or tuition  at  institutions  of
 20        higher  education:  members  of the following Idaho Native American Indian
 21        tribes, whose traditional and customary tribal  boundaries  included  por-
 22        tions  of  the  state of Idaho, or whose Indian tribe was granted reserved
 23        lands within the state of Idaho: (i) Coeur d'Alene tribe;  (ii)  Shoshone-
 24        Paiute  tribes;  (iii)  Nez Perce tribe; (iv) Shoshone-Bannock tribes; (v)
 25        Kootenai tribe.
 26        (2)  A "nonresident student" shall mean any student who does  not  qualify
 27    as  a  "resident  student" under the provisions of subsection (1) of this sec-
 28    tion, and shall include:
 29        (a)  A student attending an institution in this  state  with  the  aid  of
 30        financial  assistance  provided  by  another state or governmental unit or
 31        agency thereof, such nonresidency continuing for one (1)  year  after  the
 32        completion of the semester for which such assistance is last provided.
 33        (b)  A  person  who  is not a citizen of the United States of America, who
 34        does not have permanent or temporary resident  status  or  does  not  hold
 35        "refugee-parolee"  or  "conditional entrant" status with the United States
 36        immigration and naturalization service or  is  not  otherwise  permanently
 37        residing in the United States under color of the law and who does not also
 38        meet and comply with all applicable requirements of this section.
 39        (3)  The  establishment  of  a  new domicile in Idaho by a person formerly
 40    domiciled in another state has occurred if such person is  physically  present
 41    in  Idaho primarily for purposes other than educational and can show satisfac-
 42    tory proof that such person is without a present intention to return  to  such
 43    other  state  or  to  acquire a domicile at some other place outside of Idaho.
 44    Institutions determining whether a student is domiciled in the state of  Idaho
 45    primarily for purposes other than educational shall consider, but shall not be
 46    limited to, the following factors:
 47        (a)  Registration  and  payment of Idaho taxes or fees on a motor vehicle,
 48        mobile home, travel trailer, or other item of personal property for  which
 49        state registration and the payment of a state tax or fee is required;
 50        (b)  Filing of Idaho state income tax returns;
 51        (c)  Permanent  full-time  employment  or the hourly equivalent thereof in
 52        the state of Idaho;
 53        (d)  Registration to vote for state elected officials in Idaho at  a  gen-
 54        eral election.
 55        (4)  The  state board of education and the board of regents of the univer-

                                       4

  1    sity of Idaho shall adopt uniform and standard rules applicable to  all  state
  2    colleges  and  universities now or hereafter established to determine resident
  3    status of any student and to establish procedures for review of that status.
  4        (5)  Appeal from a final determination denying resident status may be ini-
  5    tiated by the filing of an action in the district court of the county in which
  6    the affected college or university is located; an  appeal  from  the  district
  7    court shall lie as in all civil actions.
  8        (6)  Nothing  contained  herein shall prevent the state board of education
  9    and the board of regents of the university of Idaho from establishing  quotas,
 10    standards  for  admission,  standards  for  readmission,  or  other  terms and
 11    requirements governing persons who are not residents for  purposes  of  higher
 12    education.
 13        (7)  For students who apply for special graduate and professional programs
 14    including,  but  not  limited to, the WWAMI (Washington, Wyoming, Alaska, Mon-
 15    tana, Idaho) regional medical program, the WICHE  student  exchange  programs,
 16    Creighton  university school of dental science, the university of Utah college
 17    of medicine, and the Washington, Oregon, Idaho (WOI) regional program in  vet-
 18    erinary medical education, no applicant shall be certified or otherwise desig-
 19    nated  as a beneficiary of such special program who has not been a resident of
 20    the state of Idaho for at least one (1) calendar year previous to the applica-
 21    tion date.

 

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 17450

This legislation says thank you to members of our National
Guard for their service to Idaho.  It extends to non-resident
members of Idaho's Guard the opportunity to attend the state's
universities and colleges, at resident rates.  The Idaho Guard
includes 217 non-residents out of a total of 4,627(June 2007).
Washington, Utah, and Oregon account for 192.  Each of these
states provides like benefits to Idaho residents in their units.



                         FISCAL IMPACT

The fiscal impact will be loss of revenue among the institutions
according to the enrollment, if any, they experience.  The difference
between resident and nonresident tuition & fees for 2007-2008 ranges
from $3,800(CSI) to $10,080(U of I).

As an example, assuming one-quarter of the non-residents are
currently students, and a like number enroll because of this
legislation, their annual fiscal impact would be $181,358 using
BSU's fees.   


Contact
Name:  Rep. Bill Killen       Senator Elliot Werk
       Rep. Marv Hagedorn     Senator Russ Fulcher
       Rep. James Ruchti      Senator Mike Burkett
       Rep. Bob Nonini        Senator Tim Corder
       Rep. Pete Nielsen      Senator Lee Heinrich
Phone: 345-2956


STATEMENT OF PURPOSE/FISCAL NOTE                         H 385