2008 Legislation
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HOUSE BILL NO. 401<br /> – College/univ, students, residency


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Bill Status

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

Bill Text

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


                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 401

                                   BY EDUCATION COMMITTEE

  1                                        AN ACT
  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 guardian  as  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 least one (1) year twelve  (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 who are
 27        not residents of this state for voting purposes,  but  which  student  has
 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 established
 32        a  bona fide domicile in this state primarily for purposes other than edu-
 33        cational.
 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.


  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 than  one  (1)
 15        calendar  year  thirty (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,
 55        mobile home, travel trailer, or other item of personal property for  which


  1        state  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 / Fiscal Impact

                     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.

Name:	Dana Kelly
Agency:	Office of the State Board of Education
Phone:	332-1574

STATEMENT OF PURPOSE/FISCAL NOTE	                    H 401