Session of 2000
         
HOUSE BILL No. 2912
         
By Representative Johnson
         
2-9
         

  9             AN  ACT concerning state educational institutions under the control and
10             supervision of the state board of regents; relating to residence for fee
11             purposes; amending K.S.A. 1999 Supp. 76-729 and repealing the ex-
12             isting section.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1999 Supp. 76-729 is hereby amended to read as
16       follows: 76-729. (a) Persons enrolling at the state educational institutions
17       under the control and supervision of the state board of regents who, if
18       such persons are adults, have been domiciliary residents of the state of
19       Kansas or, if such persons are minors, whose parents have been domicil-
20       iary residents of the state of Kansas for at least 12 months prior to en-
21       rollment for any term or session at a state educational institution are
22       residents for fee purposes. A person who has been a resident of the state
23       of Kansas for fee purposes and who leaves the state of Kansas to become
24       a resident of another state or country shall retain status as a resident of
25       the state of Kansas for fee purposes if the person returns to domiciliary
26       residency in the state of Kansas within 12 months of departure. All other
27       persons are nonresidents of the state of Kansas for fee purposes.
28             (b) The state board of regents may authorize the following persons,
29       or any class or classes thereof, and their spouses and dependents to pay
30       an amount equal to resident fees:
31             (1) Persons who are employees of a state educational institution;
32             (2) persons who are in military service;
33             (3) persons who are domiciliary residents of the state, who were in
34       active military service prior to becoming domiciliary residents of the state,
35       who were present in the state for a period of not less than two years
36       during their tenure in active military service, whose domiciliary residence
37       was established in the state within 30 days of discharge or retirement
38       from active military service under honorable conditions, but whose dom-
39       iciliary residence was not timely enough established to meet the residence
40       duration requirement of subsection (a);
41             (4) persons having special domestic relations circumstances;
42             (5) persons who have lost their resident status within six months of
43       enrollment;


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  1             (6) persons who are not domiciliary residents of the state, who have
  2       graduated from a high school accredited by the state board of education
  3       within six months of enrollment, who were domiciliary residents of the
  4       state at the time of graduation from high school or within 12 months prior
  5       to graduation from high school, and who are entitled to admission at a
  6       state educational institution pursuant to K.S.A. 72-116, and amendments
  7       thereto;
  8             (7) persons who are domiciliary residents of the state, whose domi-
  9       ciliary residence was established in the state for the purpose of accepting,
10       upon recruitment by an employer, or retaining, upon transfer required
11       by an employer, a position of full-time employment at a place of employ-
12       ment in Kansas, but the domiciliary residence of whom was not timely
13       enough established to meet the residence duration requirement of sub-
14       section (a), and who are not otherwise eligible for authorization to pay an
15       amount equal to resident fees under this subsection; and
16             (8) persons who have graduated from a high school accredited by the
17       state board of education within six months of enrollment and who, at the
18       time of graduation from such a high school or while enrolled and in at-
19       tendance at such a high school prior to graduation therefrom, were de-
20       pendents of a person in military service within the state; if the person,
21       whose dependent is eligible for authorization to pay an amount equal to
22       resident fees under this provision, does not establish domiciliary resi-
23       dence in the state upon retirement from military service, eligibility of the
24       dependent for authorization to pay an amount equal to resident fees shall
25       lapse; and
26             (9) persons who are members of any unit of the Kansas army national
27       guard, Kansas air national guard or Kansas state guard or who are mem-
28       bers of any military reserve unit of the armed forces of the United States
29       that is assigned to a location within Kansas.
30             (c) As used in this section:
31             (1) "Parents" means and includes natural parents, adoptive parents,
32       stepparents, guardians and custodians.
33             (2) "Guardian" has the meaning ascribed thereto by K.S.A. 59-3002,
34       and amendments thereto.
35             (3) "Custodian" means a person, agency or association granted legal
36       custody of a minor under the Kansas code for care of children.
37             (4) "Domiciliary resident" means a person who has present and fixed
38       residence in Kansas where the person intends to remain for an indefinite
39       period and to which the person intends to return following absence.
40             (5) "Full-time employment" means employment requiring at least
41       1,500 hours of work per year. 
42       Sec.  2. K.S.A. 1999 Supp. 76-729 is hereby repealed.


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  1        Sec.  3. This act shall take effect and be in force from and after its
  2       publication in the statute book.