Title: An act relating to resident tuition rates for American Indian students.

Brief Description: Including members of federally recognized Indian tribes as resident students for tuition purposes.

Sponsors: By House Committee on Higher Education (originally sponsored by Representatives Strow, Kenney, Walsh, McCoy, Ormsby, Murray, Chase, Dickerson, Hasegawa, Roberts, Santos and Hudgins).

Brief History:

Higher Education: 2/11/05, 2/18/05 [DPS].

Floor Activity:

Passed House: 3/3/05, 97-0.
Passed Senate: 4/12/05, 46-0.
Passed Legislature.

HOUSE COMMITTEE ON HIGHER EDUCATION

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 12 members: Representatives Kenney, Chair; Sells, Vice Chair; Cox, Ranking Minority Member; Rodne, Assistant Ranking Minority Member; Buri, Dunn, Fromhold, Jarrett, Ormsby, Priest, Roberts and Sommers.

Staff: Barbara McLain (786-7383).

Background:

State laws define a number of criteria for determining residency for purposes of paying resident tuition rates at public institutions of higher education. The primary criterion is that the student, or his or her family if the student is a dependent, must have a bona fide domicile in Washington for at least one year prior to the academic year in which the student wishes to enroll.

Native American students can qualify for resident tuition if they were a resident of Idaho, Montana, Oregon, or Washington during the prior year, and if they are a member of an American Indian tribe whose traditional and customary tribal boundaries included portions of Washington, or whose tribe was granted reserved lands in the state. Thirty-three different tribes are specified in the statute. Twenty-seven are Washington State tribes recognized by the federal government. Five are tribes whose primary tribal boundaries are in neighboring states.

If a Native American student would not otherwise qualify as a resident, but does qualify under this law, the institution cannot count that student as a "state-supported" student for purposes of budgeted enrollment, and no state funds are provided to support that student's education.

This law was enacted in 1994. Since that time, two additional Washington tribes have received federal recognition: the Samish Indian Nation and the Cowlitz Tribe. These tribes
are not currently included in the statutory list of tribes under the law regarding resident tuition for Native American students.

Summary of Engrossed Substitute Bill:

Members of any federally recognized Indian tribe, rather than a specific list of tribes, whose customary and tribal boundaries include portions of Washington, are eligible for resident tuition under certain circumstances.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.

Testimony For: This is really a clean-up bill that adds the Samish Indian Nation to the list of other federally-recognized Washington tribes in the statute. The Cowlitz Tribe would also qualify.

Testimony Against: None.

Persons Testifying: Michael Moran, Samish Indian Nation.

Persons Signed In To Testify But Not Testifying: None.