1079.EAMSHIEAMS2608.1EHB 1079S COMM AMDBy Committee on Higher EducationADOPTED AS AMENDED 4/8/03 Strike everything after the enacting clause and insert thefollowing:Sec. RCW 28B.15.012 and 2002 c 186 s 2 are each amended toread 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 thestate of Washington for the period of one year immediately prior to thetime of commencement of the first day of the semester or quarter forwhich the student has registered at any institution and has in factestablished a bona fide domicile in this state primarily for purposesother than educational; (b) A dependent student, if one or both of the student's parents orlegal guardians have maintained a bona fide domicile in the state ofWashington for at least one year immediately prior to commencement ofthe semester or quarter for which the student has registered at anyinstitution; (c) A student classified as a resident based upon domicile by aninstitution on or before May 31, 1982, who was enrolled at a stateinstitution during any term of the 19821983 academic year, so long assuch student's enrollment (excepting summer sessions) at an institutionin this state is continuous; (d) Any student who has spent at least seventyfive percent of bothhis or her junior and senior years in high schools in this state, whoseparents or legal guardians have been domiciled in the state for aperiod of at least one year within the fiveyear period before thestudent graduates from high school, and who enrolls in a public 1 institution of higher education within six months of leaving highschool, for as long as the student remains continuously enrolled forthree quarters or two semesters in any calendar year; (e) Any person who has completed the full senior year of highschool and obtained a high school diploma, both at a Washington publichigh school or private high school approved under chapter 28A.195 RCW,or a person who has received the equivalent of a diploma; who has livedin Washington for at least three years immediately prior to receivingthe diploma or its equivalent; who has continuously lived in the stateof Washington after receiving the diploma or its equivalent and untilsuch time as the individual is admitted to an institution of highereducation under subsection (1) of this section; and who provides to theinstitution an affidavit indicating that the individual will file anapplication to become a permanent resident at the earliest opportunitythe individual is eligible to do so and a willingness to engage in anyother activities necessary to acquire citizenship, including but notlimited to citizenship or civics review courses; (f) A student who is on active military duty stationed in the stateor who is a member of the Washington national guard; (((f))) (g) A student who is the spouse or a dependent of a personwho is on active military duty stationed in the state; (((g))) (h) A student who resides in the state of Washington and isthe spouse or a dependent of a person who is a member of the Washingtonnational guard; (((h))) (i) A student of an outofstate institution of highereducation who is attending a Washington state institution of highereducation pursuant to a home tuition agreement as described in RCW28B.15.725; or (((i))) (j) A student who meets the requirements of RCW28B.15.0131: PROVIDED, That a nonresident student enrolled for morethan six hours per semester or quarter shall be considered as attendingfor primarily educational purposes, and for tuition and fee payingpurposes only such period of enrollment shall not be counted toward theestablishment of a bona fide domicile of one year in this state unlesssuch student proves that the student has in fact established a bonafide domicile in this state primarily for purposes other thaneducational. 2 (3) The term "nonresident student" shall mean any student who doesnot qualify as a "resident student" under the provisions of RCW28B.15.012 and 28B.15.013. Except for students qualifying undersubsection (2)(((h))) (e) or (i) of this section, a nonresident studentshall include: (a) A student attending an institution with the aid of financialassistance provided by another state or governmental unit or agencythereof, such nonresidency continuing for one year after the completionof such semester or quarter. (b) A person who is not a citizen of the United States of Americawho does not have permanent or temporary resident status or does nothold "RefugeeParolee" or "Conditional Entrant" status with the UnitedStates immigration and naturalization service or is not otherwisepermanently residing in the United States under color of law and whodoes not also meet and comply with all the applicable requirements inRCW 28B.15.012 and 28B.15.013. (4) The term "domicile" shall denote a person's true, fixed andpermanent home and place of habitation. It is the place where thestudent intends to remain, and to which the student expects to returnwhen the student leaves without intending to establish a new domicileelsewhere. The burden of proof that a student, parent or guardian hasestablished a domicile in the state of Washington primarily forpurposes other than educational lies with the student. (5) The term "dependent" shall mean a person who is not financiallyindependent. Factors to be considered in determining whether a personis financially independent shall be set forth in rules and regulationsadopted by the higher education coordinating board and shall include,but not be limited to, the state and federal income tax returns of theperson and/or the student's parents or legal guardian filed for thecalendar year prior to the year in which application is made and suchother evidence as the board may require.NEW SECTION.Sec. It is the intent of the legislature toensure that students who receive a diploma from a Washington state highschool or receive the equivalent of a diploma in Washington state andwho have lived in Washington for at least three years prior to 3 receiving their diploma or its equivalent are eligible for instatetuition rates when they enroll in a public institution of highereducation in Washington state.NEW SECTION.Sec. A new section is added to chapter 28B.15 RCWto read as follows: The provisions of RCW 28B.15.012(2)(e) apply only to families ofthose who hold or entered the United States with work visas, temporaryprotected status visas, or green cards, or who have received amnestyfrom the federal government.NEW SECTION.Sec. This act is necessary for the immediatepreservation of the public peace, health, or safety, or support of thestate government and its existing public institutions, and takes effectJuly 1, 2003.EHB 1079S COMM AMDBy Committee on Higher EducationADOPTED AS AMENDED 4/8/03 On page 1, line 2 of the title, after education; strike theremainder of the title and insert amending RCW 28B.15.012; adding anew section to chapter 28B.15 RCW; creating a new section; providing aneffective date; and declaring an emergency.--- END --- 4