HOUSE BILL REPORT

SB 5712

As Amended by the House

BYSenators Rinehart, Gaspard and Zimmerman

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

House Committe on Higher Education

Majority Report:  Do pass.  (11)

      Signed by Representatives Jacobsen, Chair; Heavey, Vice Chair; Allen, Barnes, Basich, Jesernig, Nelson, Silver, Unsoeld, K. Wilson and Wineberry.

House Staff:Susan Hosch (786-7120)

AS PASSED HOUSE MARCH 30, 1987

BACKGROUND:

Washington's public colleges and universities are required to charge higher tuition rates to non-resident students than to state residents.  Current law defines criteria both for determining state residency and for defining those who are non-residents.  The statutory definition of non-residents 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 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 non-residents, even if they meet all other statutory conditions for residency.

SUMMARY:

"Temporary residents" and persons permanently residing in the U.S. under color of law are excluded from the definition of non-resident for purposes of determining tuition and fee levels.  If students in this category meet and comply with other applicable criteria for determining resident status, they will be considered resident students.

Fiscal Note:      Attached.

House Committee ‑ Testified For:    None Presented.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    None Presented.

House Committee - Testimony Against:      None Presented.