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H0401..........................................................by EDUCATION
COLLEGES AND UNIVERSITIES - RESIDENCY - Amends existing law relating to
public institutions of higher education to revise definitions; to provide a
presumption for being in Idaho primarily for educational purposes; and to
provide that a certain period of enrollment does not count toward the
establishment of a bona fide domicile in Idaho unless the student proves
certain specified factors.
01/23 House intro - 1st rdg - to printing
01/24 Rpt prt - to Educ
02/08 Rpt out - rec d/p - to 2nd rdg
02/11 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 63-5-2
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Crane, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, Kren, Labrador, Lake,
LeFavour, Loertscher, Marriott, Mathews, Mortimer, Moyle, Nielsen,
Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ruchti, 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 -- Durst, King, Luker, Ringo, Rusche
Absent and excused -- McGeachin, Roberts
Floor Sponsor - Nielsen
Title apvd - to Senate
02/22 Senate intro - 1st rdg - to Educ
03/07 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, 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 -- None
Floor Sponsor - Schroeder
Title apvd - to House
03/13 To enrol
03/14 Rpt enrol - Sp signed
03/17 Pres signed - To Governor
03/20 Governor signed
Session Law Chapter 226
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 401 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC INSTITUTIONS OF HIGHER EDUCATION; AMENDING SECTION 3 33-3717B, IDAHO CODE, TO REVISE DEFINITIONS, TO PROVIDE A PRESUMPTION FOR 4 BEING IN IDAHO PRIMARILY FOR EDUCATIONAL PURPOSES AND TO PROVIDE THAT A 5 CERTAIN PERIOD OF ENROLLMENT DOES NOT COUNT TOWARD THE ESTABLISHMENT OF 6 BONA FIDE DOMICILE IN IDAHO UNLESS THE STUDENT PROVES CERTAIN SPECIFIED 7 FACTORS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 33-3717B, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 33-3717B. RESIDENCY REQUIREMENTS. (1) For any public institution of 12 higher education in Idaho, a "resident student" is: 13 (a) Any student who has one (1) or more parent or parents or court-ap- 14 pointed guardians who are domiciled in the state of Idaho, and the parent, 15 parents or guardians provide at least fifty percent (50%) of the student's 16 support. Domicile,in the case of a parent or guardianas used in this 17 section, means that individual's true, fixed and permanent home and place 18 of habitation. It is the place where that individual intends to remain, 19 and to which that individual expects to return when that individual leaves 20 without intending to establish a new domicile elsewhere. To qualify under 21 this section, the parent, parents or guardians must have maintained a bona 22 fide domicile in the state of Idaho for at leastone (1) yeartwelve (12) 23 months prior to the opening day of the term for which the student 24 matriculates. 25 (b) Any student, who receives less than fifty percent (50%) of the 26 student's support from a parent, parents or legal guardians and whoare27not residents of this state for voting purposes, but which studenthas 28 continuously resided and maintained a bona fide domicile in the state of 29 Idaho primarily for purposes other than educational for twelve (12) months 30 next preceding the opening day of the term during which the student pro- 31 poses to attend the college or university.and who has in fact established32a bona fide domicile in this state primarily for purposes other than edu-33cational.34 (c) Subject to subsection (2) of this section, any student who is a grad- 35 uate of an accredited secondary school in the state of Idaho, and who 36 matriculates at a college or university in the state of Idaho during the 37 term immediately following such graduation regardless of the residence of 38 the student's parent or guardian. 39 (d) The spouse of a person who is classified, or is eligible for classi- 40 fication, as a resident of the state of Idaho for the purposes of attend- 41 ing a college or university. 42 (e) A member of the armed forces of the United States, stationed in the 43 state of Idaho on military orders. 2 1 (f) A student whose parent or guardian is a member of the armed forces 2 and stationed in the state of Idaho on military orders and who receives 3 fifty percent (50%) or more of support from parents or legal guardians. 4 The student, while in continuous attendance, shall not lose that residence 5 when the student's parent or guardian is transferred on military orders. 6 (g) A person separated, under honorable conditions, from the United 7 States armed forces after at least two (2) years of service, who at the 8 time of separation designates the state of Idaho as his intended domicile 9 or who has Idaho as the home of record in service and enters a college or 10 university in the state of Idaho within one (1) year of the date of sepa- 11 ration. 12 (h) Any individual who has been domiciled in the state of Idaho, has 13 qualified and would otherwise be qualified under the provisions of this 14 statute and who is away from the state for a period of less thanone (1)15calendar yearthirty (30) months and has not established legal residence 16 elsewhere provided a twelve (12) month period of continuous residence has 17 been established immediately prior to departure. 18 (i) A student who is a member of any of the following Idaho Native Ameri- 19 can Indian tribes, regardless of current domicile, shall be considered an 20 Idaho state resident for purposes of fees or tuition at institutions of 21 higher education: members of the following Idaho Native American Indian 22 tribes, whose traditional and customary tribal boundaries included por- 23 tions of the state of Idaho, or whose Indian tribe was granted reserved 24 lands within the state of Idaho: (i) Coeur d'Alene tribe; (ii) Shoshone- 25 Paiute tribes; (iii) Nez Perce tribe; (iv) Shoshone-Bannock tribes; (v) 26 Kootenai tribe. 27 (2) A "nonresident student" shall mean any student who does not qualify 28 as a "resident student" under the provisions of subsection (1) of this sec- 29 tion, and shall include: 30 (a) A student attending an institution in this state with the aid of 31 financial assistance provided by another state or governmental unit or 32 agency thereof, such nonresidency continuing for one (1) year after the 33 completion of the semester for which such assistance is last provided. 34 (b) A person who is not a citizen of the United States of America, who 35 does not have permanent or temporary resident status or does not hold 36 "refugee-parolee" or "conditional entrant" status with the United States 37 immigration and naturalization service or is not otherwise permanently 38 residing in the United States under color of the law and who does not also 39 meet and comply with all applicable requirements of this section. 40 (3) The establishment of a new domicile in Idaho by a person formerly 41 domiciled in another state has occurred if such person is physically present 42 in Idaho primarily for purposes other than educational and can show satisfac- 43 tory proof that such person is without a present intention to return to such 44 other state or to acquire a domicile at some other place outside of Idaho. A 45 student who is enrolled for more than eight (8) hours in any semester or quar- 46 ter during a twelve (12) month period shall be presumed to be in Idaho for 47 primarily educational purposes. Such period of enrollment shall not be counted 48 toward the establishment of a bona fide domicile in this state unless the stu- 49 dent proves, in fact, establishment of a bona fide domicile in this state pri- 50 marily for purposes other than educational. Institutions determining whether a 51 student is domiciled in the state of Idaho primarily for purposes other than 52 educational shall consider, but shall not be limited to, the following fac- 53 tors: 54 (a)Registration and payment of Idaho taxes or fees on a motor vehicle,55mobile home, travel trailer, or other item of personal property for which3 1state registration and the payment of a state tax or fee is required;Any 2 of the following, if done for at least twelve (12) months before the term 3 in which the student proposes to enroll as a resident student, proves the 4 establishment and maintenance of domicile in Idaho for purposes other than 5 educational and supports classification of a 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 student; 9 (cii) Permanent full-time employment or the hourly equivalent 10 thereof in the state of Idaho; or 11 (iii) Ownership by the student of the student's living quarters. 12 (b) The following, if done for at least twelve (12) months before the 13 term in which the student proposes to enroll as a resident student, lend 14 support to domiciliary intent and the absence of which indicates a lack of 15 domiciliary intent. By themselves, the following do not constitute suffi- 16 cient evidence of the establishment and maintenance of a domicile in Idaho 17 for purposes other than educational: 18 (i) Registration and payment of Idaho taxes or fees on a motor 19 vehicle, mobile home, travel trailer or other item of personal prop- 20 erty for which state registration and the payment of a state tax or 21 fee is required; 22 (dii) Registration to vote for state elected officials in Idaho at a 23 general election; 24 (iii) Holding an Idaho driver's license; 25 (iv) Evidence of abandonment of a previous domicile; 26 (v) Presence of household goods in Idaho; 27 (vi) Establishment of accounts with Idaho financial institutions; 28 and 29 (vii) Other similar factors indicating intent to be domiciled in 30 Idaho and the maintenance of such domicile. 31 (4) The state board of education and the board of regents of the univer- 32 sity of Idaho shall adopt uniform and standard rules applicable to all state 33 colleges and universities now or hereafter established to determine resident 34 status of any student and to establish procedures for review of that status. 35 (5) Appeal from a final determination denying resident status may be ini- 36 tiated by the filing of an action in the district court of the county in which 37 the affected college or university is located; an appeal from the district 38 court shall lie as in all civil actions. 39 (6) Nothing contained herein shall prevent the state board of education 40 and the board of regents of the university of Idaho from establishing quotas, 41 standards for admission, standards for readmission, or other terms and 42 requirements governing persons who are not residents for purposes of higher 43 education. 44 (7) For students who apply for special graduate and professional programs 45 including, but not limited to, the WAMI (Washington, Alaska, Montana, Idaho) 46 regional medical program, the WICHE student exchange programs, Creighton uni- 47 versity school of dental science, the university of Utah college of medicine, 48 and the Washington, Oregon, Idaho (WOI) regional program in veterinary medical 49 education, no applicant shall be certified or otherwise designated as a bene- 50 ficiary of such special program who has not been a resident of the state of 51 Idaho for at least one (1) calendar year previous to the application date.
STATEMENT OF PURPOSE
RS 17414
The Office of Performance Evaluations (OPE) recommended that the
legislature clarify the definition of higher education residency
requirements. This legislation clarifies and strengthens
requirements for obtaining residency in Idaho for the purpose of
qualifying for resident fees at the state’s institutions of
higher education.
FISCAL NOTE
There will be no fiscal impact to the General Fund as a result
of this clarification. However, it is not known if this
amendment will have an impact on the number of out of state
students who will attend higher education institutions. It may
have a negative impact on institutional enrollments.
CONTACT
Name: Dana Kelly
Agency: Office of the State Board of Education
Phone: 332-1574
STATEMENT OF PURPOSE/FISCAL NOTE H 401