HB 2132--
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HOUSE BILL No. 2132
By Representative Myers
1-30
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AN ACT concerning the state educational institutions; relating to resi-
dence of students for fee purposes; amending K.S.A. 1996 Supp. 76-
729 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1996 Supp. 76-729 is hereby amended to read as
follows: 76-729. (a) Persons enrolling at the state educational institutions
under the control and supervision of the state board of regents who, if
such persons are adults, have not been or, if such persons are minors,
whose parents have not been residents of the state of Kansas for at least
12 months prior to enrollment for any term or session at a state educa-
tional institution are nonresidents for fee purposes.
(b) The state board of regents may authorize the following persons,
or any class or classes thereof, and their spouses and dependents to pay
an amount equal to resident fees:
(1) Persons who are employees of a state educational institution;
(2) persons who are in military service;
(3) persons who are domiciliary residents of the state, who were in
active military service prior to becoming domiciliary residents of the state,
who were present in the state for a period of not less than two years
during their tenure in active military service, whose domiciliary residence
was established in the state within 30 days of discharge or retirement
from active military service under honorable conditions, but whose dom-
iciliary residence was not timely enough established to meet the residence
duration requirement of subsection (a);
(4) persons having special domestic relations circumstances;
(5) persons who have lost their resident status within six months of
enrollment;
(6) persons who are not domiciliary residents of the state, who have
graduated from a high school accredited by the state board of education
within six months of enrollment, who were domiciliary residents of the
state at the time of graduation from high school or within 12 months prior
to graduation from high school, and who are entitled to admission at a
state educational institution pursuant to K.S.A. 72-116, and amendments
thereto;
(7) persons who are domiciliary residents of the state, whose domi-
ciliary residence was established in the state for the purpose of accepting,
upon recruitment by an employer, or retaining, upon transfer required
by an employer, a position of full-time employment at a place of employ-
ment in Kansas, but the domiciliary residence of whom was not timely
enough established to meet the residence duration requirement of sub-
section (a), and who are not otherwise eligible for authorization to pay an
amount equal to resident fees under this subsection; and
(8) persons who have graduated from a high school accredited by the
state board of education within six months of enrollment and who, at the
time of graduation from such a high school or while enrolled and in at-
tendance at such a high school prior to graduation therefrom, were de-
pendents of a person in military service within the state; if the person,
whose dependent is eligible for authorization to pay an amount equal to
resident fees under this provision, does not establish domiciliary resi-
dence in the state upon retirement from military service, eligibility of the
dependent for authorization to pay an amount equal to resident fees shall
lapse.; and
(9) persons who formerly were domiciliary residents of the state and
currently are domiciliary residents of the state, who were graduated from
a high school accredited by the state board of education and attended and
were awarded a baccalaureate or higher academic degree by a state ed-
ucational institution during their tenure as former domiciliary residents
of the state, whose current status as domiciliary residents was established
in the state for the purpose of enrolling in a specified degree program at
a state educational institution with the intention of maintaining domicil-
iary residence in the state upon completion of the specified degree pro-
gram, but whose current status as domiciliary residents was not timely
enough established to meet the residence duration requirement of subsec-
tion (a).
(c) As used in this section:
(1) ``Parents'' means and includes natural parents, adoptive parents,
stepparents, guardians and custodians.
(2) ``Guardian'' has the meaning ascribed thereto by K.S.A. 59-3002,
and amendments thereto.
(3) ``Custodian'' means a person, agency or association granted legal
custody of a minor under the Kansas code for care of children.
(4) ``Domiciliary resident'' means a person who has present and fixed
residence in Kansas where the person intends to remain for an indefinite
period and to which the person intends to return following absence.
(5) ``Full-time employment'' means employment requiring at least
1,500 hours of work per year.
Sec. 2. K.S.A. 1996 Supp. 76-729 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.