Session of 1999
         
HOUSE BILL No. 2095
         
By Representative Sloan
          
1-25
          
  9             AN  ACT concerning state educational institutions; residence of students
10             for fee purposes; amending K.S.A. 1998 Supp. 76-729 and repealing
11             the existing section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1998 Supp. 76-729 is hereby amended to read as
15       follows: 76-729. (a) Persons enrolling at the state educational institutions
16       under the control and supervision of the state board of regents who, if
17       such persons are adults, have been domiciliary residents of the state of
18       Kansas or, if such persons are minors, whose parents have been domicil-
19       iary residents of the state of Kansas for at least 12 months prior to en-
20       rollment for any term or session at a state educational institution are
21       residents for fee purposes. A person who has been a resident of the state
22       of Kansas for fee purposes and who leaves the state of Kansas to become
23       a resident of another state or country shall retain status as a resident of
24       the state of Kansas for fee purposes if the person returns to domiciliary
25       residency in the state of Kansas within 12 months of departure. A person
26       who enrolls at a state educational institution under the control and su-
27       pervision of the state board of regents, who owns real property located in
28       Kansas, who registers in Kansas all motor vehicles owned by such person,
29       who has a Kansas driver's license, who is registered to vote in Kansas and
30       who earns at least 75% of such person's income from Kansas employers
31       or through the gainful activity of such person in Kansas, shall be a resident
32       of Kansas for fee purposes 12 months after first enrolling at a state edu-
33       cational institution under the control and supervision of the state board
34       of regents. All other persons are nonresidents of the state of Kansas for
35       fee purposes.
36             (b) The state board of regents may authorize the following persons,
37       or any class or classes thereof, and their spouses and dependents to pay
38       an amount equal to resident fees:
39             (1) Persons who are employees of a state educational institution;
40             (2) persons who are in military service;
41             (3) persons who are domiciliary residents of the state, who were in
42       active military service prior to becoming domiciliary residents of the state,
43       who were present in the state for a period of not less than two years

HB 2095

2

  1       during their tenure in active military service, whose domiciliary residence
  2       was established in the state within 30 days of discharge or retirement
  3       from active military service under honorable conditions, but whose dom-
  4       iciliary residence was not timely enough established to meet the residence
  5       duration requirement of subsection (a);
  6             (4) persons having special domestic relations circumstances;
  7             (5) persons who have lost their resident status within six months of
  8       enrollment;
  9             (6) persons who are not domiciliary residents of the state, who have
10       graduated from a high school accredited by the state board of education
11       within six months of enrollment, who were domiciliary residents of the
12       state at the time of graduation from high school or within 12 months prior
13       to graduation from high school, and who are entitled to admission at a
14       state educational institution pursuant to K.S.A. 72-116, and amendments
15       thereto;
16             (7) persons who are domiciliary residents of the state, whose domi-
17       ciliary residence was established in the state for the purpose of accepting,
18       upon recruitment by an employer, or retaining, upon transfer required
19       by an employer, a position of full-time employment at a place of employ-
20       ment in Kansas, but the domiciliary residence of whom was not timely
21       enough established to meet the residence duration requirement of sub-
22       section (a), and who are not otherwise eligible for authorization to pay an
23       amount equal to resident fees under this subsection; and
24             (8) persons who have graduated from a high school accredited by the
25       state board of education within six months of enrollment and who, at the
26       time of graduation from such a high school or while enrolled and in at-
27       tendance at such a high school prior to graduation therefrom, were de-
28       pendents of a person in military service within the state; if the person,
29       whose dependent is eligible for authorization to pay an amount equal to
30       resident fees under this provision, does not establish domiciliary resi-
31       dence in the state upon retirement from military service, eligibility of the
32       dependent for authorization to pay an amount equal to resident fees shall
33       lapse.
34             (c) As used in this section:
35             (1) "Parents" means and includes natural parents, adoptive parents,
36       stepparents, guardians and custodians.
37             (2) "Guardian" has the meaning ascribed thereto by K.S.A. 59-3002,
38       and amendments thereto.
39             (3) "Custodian" means a person, agency or association granted legal
40       custody of a minor under the Kansas code for care of children.
41             (4) "Domiciliary resident" means a person who has present and fixed
42       residence in Kansas where the person intends to remain for an indefinite
43       period and to which the person intends to return following absence.

HB 2095

3

  1             (5) "Full-time employment" means employment requiring at least
  2       1,500 hours of work per year. 
  3       Sec.  2. K.S.A. 1998 Supp. 76-729 is hereby repealed.
  4        Sec.  3. This act shall take effect and be in force from and after its
  5       publication in the statute book.