SENATE BILL REPORT

SB 5712

BYSenators Rinehart, Gaspard and Zimmerman

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

Senate Committee on Education

Senate Hearing Date(s):February 18, 1987

Majority Report:  Do pass.

      Signed by Senators Gaspard, Chairman; Bauer, Vice Chairman; Rinehart, Vice Chairman; Bender, Craswell, Saling, Smitherman, Warnke.

Senate Staff:Judy McNickle (786-7423)

                  March 31, 1987

AS PASSED SENATE, MARCH 12, 1987

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 the 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 the newly legalized aliens.  Washington law does not yet recognize this immigration status.  Without a change in law, those students who qualify as "temporary residents" will be required to pay the higher tuition rate of nonresidents.

SUMMARY:

"Temporary residents" 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.

Fiscal Note:      none requested

Senate Committee - Testified: Hector Gonzales, Commission on Mexican American Affairs; Carmelo Ramos, student from Yakima; Jan Yoshiwara, State Board for Community College Education

HOUSE AMENDMENT:

Persons who are permanently residing in the United States under the case law designation referred to as "color of law" also are excluded from the definition of nonresident.