FINAL BILL REPORT

SB 5712

                                   C 96 L 87

BYSenators Rinehart, Gaspard and Zimmerman

Specifying that the term "nonresident student" does not apply to persons with temporary resident status.

Senate Committee on Education

House Committe on Higher Education

SYNOPSIS AS ENACTED

BACKGROUND:

Washington's public colleges and universities are required to charge higher tuition rates to nonresident students than to state residents.  Current law defines criteria both for determining state residency and for defining those who are nonresidents.  The statutory definition of nonresidents specifically excludes persons who have permanent resident status or those who hold "refugee parolee" or "conditional entrant" status with the Federal Immigration and Naturalization Service and who also meet and comply with applicable sections of law defining residency criteria.

In 1986 Congress adopted the Immigration and Control Act which permits undocumented aliens to apply for legalization and creates a new immigration status, that of "temporary resident," for newly legalized aliens.  Washington law does not yet recognize this immigration status.  Without a change in law, students who qualify as "temporary residents" will be required to pay the higher tuition rate of nonresidents.

SUMMARY:

"Temporary residents" and persons who are permanently residing in the United States under the case law designation known as "color of law" are excluded from the definition of nonresident for purposes of determining tuition and fee levels if they meet and comply with other applicable criteria for determining resident status.

VOTES ON FINAL PASSAGE:

      Senate    49     0

      House 83   0 (House amended)

      Senate    48     0 (Senate concurred)

EFFECTIVE:July 26, 1987