HOUSE BILL REPORT

HB 722

BYRepresentative Jacobsen

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

House Committe on Higher Education

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (13)

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

House Staff:Susan Hosch (786-7120)

AS REPORTED BY COMMITTEE ON HIGHER EDUCATION MARCH 3, 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:

SUBSTITUTE BILL: "Temporary residents" and persons permanently residing in the United States under color of law, are excluded from the definition of non-resident for purposes of determining tuition and fee levels.  If students in these categories meet and comply with other applicable criteria for determining resident status, they will be considered resident students for the purpose of paying tuition and fees.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  A person permanently residing in the United States under color of law is excluded from the definition of nonresident student.

Fiscal Note:    Attached.

House Committee ‑ Testified For:     Hector Gonzalez, Commission on Mexican American Affairs; Carmelo Ramos; Jan Yoshiwara, State Board for Community College Education.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     The child of an undocumented alien can legally attend the common school for twelve years, but is classified as a nonresident when attempting to enroll in a state college or university.  The nonresident classification means that the student pays much higher tuition rates, and is not eligible for many forms of financial aid, a combination that effectively denies a higher education to undocumented aliens and their dependents.  This bill allows undocumented aliens who fall under the newly created federal classification of temporary resident to attend state colleges or universities as resident students if they meet the same residency requirements as state citizens.  The bill extends the same opportunity to persons who are permanently residing in the United States under the legal designation of color of law.

House Committee - Testimony Against: None Presented.