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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN 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 thejuniorcommunity 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 thejun-18iorcommunity 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 thejuniorcommu- 22 nity college district for voting purposes and who has continuously resided 23 in thejuniorcommunity 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 thejuniorcommunity college. 26 (c) The spouse of a person who is classified, or is eligible for classi- 27 fication, as a resident of thejuniorcommunity college district for the 28 purposes of attending thatjuniorcommunity college. 29 (d) A member of the armed forces of the United States, stationed in the 30juniorcommunity 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 thejuniorcommunity 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 thejuniorcommunity college district as 41 his intended domicile or who has the district as the home of record in 42 service and enters thejuniorcommunity college within one (1) year of 43 the date of separation. 2 1 (gh) Any individual who has been domiciled in thejuniorcommunity 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) Ajuniorcommunity 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 affectedjuniorcommunity college is located. An appeal from the district 14 court shall lie as in all civil actions. 15 (4) Nothing contained herein shall prevent ajuniorcommunity college 16 board of trustees from waiving tuition to be paid by nonresident students. 17 (5) Nothing contained herein shall prevent ajuniorcommunity 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.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved 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.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN 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 thejuniorcommunity 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 thejun-18iorcommunity 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 thejuniorcommu- 22 nity college district for voting purposes and who has continuously resided 23 in thejuniorcommunity 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 thejuniorcommunity college. 26 (c) The spouse of a person who is classified, or is eligible for classi- 27 fication, as a resident of thejuniorcommunity college district for the 28 purposes of attending thatjuniorcommunity college. 29 (d) A member of the armed forces of the United States, stationed in the 30juniorcommunity 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 thejuniorcommunity 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 thejuniorcommunity college district as 41 his intended domicile or who has the district as the home of record in 42 service and enters thejuniorcommunity college within one (1) year of 43 the date of separation. 2 1 (gh) Any individual who has been domiciled in thejuniorcommunity 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) Ajuniorcommunity 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 affectedjuniorcommunity college is located. An appeal from the district 14 court shall lie as in all civil actions. 15 (4) Nothing contained herein shall prevent ajuniorcommunity college 16 board of trustees from waiving tuition to be paid by nonresident students. 17 (5) Nothing contained herein shall prevent ajuniorcommunity 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
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