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                                          ENGROSSED SENATE BILL NO. 4152

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State of Washington                              49th Legislature                              1985 Regular Session

By Senators Rinehart, Gaspard, Goltz and Bauer

Read first time 2/8/85 and referred to Committee on Education.

AN ACT Relating to tuition and fees at institutions of higher education; and amending RCW 28B.15.012.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 2, chapter 273, Laws of 1971 ex. sess. as last amended by section 1, chapter 285, Laws of 1983 and RCW 28B.15.012 are each amended to read as follows:

          Whenever used in chapter 28B.15 RCW:

          (1) The term "institution" shall mean a public university, college, or community college within the state of Washington.

          (2) The term "resident student" shall mean:  (a) A financially independent student who has had a domicile in the state of Washington for the period of one year immediately prior to the time of commencement of the first day of the semester or quarter for which he has registered at any institution and has in fact established a bona fide domicile in this state primarily for purposes other than educational; (b) a dependent student, if one or both of his parents or legal guardians have maintained a bona fide domicile in the state of Washington for at least one year immediately prior to commencement of the semester or quarter for which the student has registered at any institution or a dependent student who has established a bona fide domicile in the state of Washington and has enrolled in a high school in this state or has graduated from a high school in this state within one year before the student's enrollment; or (c) a student classified as a resident based upon domicile by an institution on or before May 31, 1982, who was enrolled at a state institution during any term of the 1982-1983 academic year, so long as such student's enrollment (excepting summer sessions) at an institution in this state is continuous:  PROVIDED, That a nonresident student enrolled for more than six hours per semester or quarter shall be considered as attending for primarily educational purposes, and for tuition and fee paying purposes only such period of enrollment shall not be counted toward the establishment of a bona fide domicile of one year in this state unless such student proves that he has in fact established a bona fide domicile in this state primarily for purposes other than educational.

          (3) The term "nonresident student" shall mean any student who does not qualify as a "resident student" under the provisions of RCW 28B.15.011 through 28B.15.014 and 28B.15.015, each as now or hereafter amended.  A nonresident student shall include:

          (a) A student attending an institution with the aid of financial assistance provided by another state or governmental unit or agency thereof, such nonresidency continuing for one year after the completion of such semester or quarter.

          (b) A person who is not a citizen of the United States of America who does not have permanent resident status or does not hold "Refugee-Parolee" or "Conditional Entrant" status with the United States immigration and naturalization service and who does not also meet and comply with all the applicable requirements in RCW 28B.15.011 through 28B.15.014 and 28B.15.015, each as now or hereafter amended.

          (4) The term "domicile" shall denote a person's true, fixed and permanent home and place of habitation.  It is the place where he intends to remain, and to which he expects to return when he leaves without intending to establish a new domicile elsewhere.  The burden of proof that a student, parent or guardian has established a domicile in the state of Washington primarily for purposes other than educational lies with the student.

          (5) The term "dependent" shall mean a person who is not financially independent.  Factors to be considered in determining whether a person is financially independent shall be set forth in rules and regulations adopted by the council for postsecondary education and shall include, but not be limited to, the state and federal income tax returns of the person and/or his parents or legal guardian filed for the calendar year prior to the year in which application is made and such other evidence as the council may require.

          (6) The terms "he" or "his" shall apply to the female as well as the male sex unless the context clearly requires otherwise.