File No. 352

House of Representatives, April 4, 2011

The Committee on Higher Education and Employment Advancement reported through REP. WILLIS of the 64th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.

AN ACT CONCERNING ACCESS TO POSTSECONDARY EDUCATION.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 10a-29 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):

The following shall determine the status of a student:

(1) Every person having his domicile in this state shall be entitled to classification as an in-state student for tuition purposes. Except as otherwise provided in this part, no person having his domicile outside of this state shall be eligible for classification as an in-state student for tuition purposes;

(2) The domicile of an unemancipated person is that of his parent;

(3) Upon moving to this state, an emancipated person employed full-time who provides evidence of domicile may apply for in-state classification for such person's spouse and unemancipated children after six consecutive months of residency and, provided such person is not himself or herself in this state primarily as a full-time student, such person's spouse and unemancipated children may at once be so classified, and may continue to be so classified as long as such person continues such person's domicile in this state;

(4) Any unemancipated person who remains in this state when such person's parent, having theretofore been domiciled in this state, removes from this state, shall be entitled to classification as an in-state student until attainment of the degree for which such person is currently enrolled, as long as such person's attendance at a school or schools in this state shall be continuous;

(5) The spouse of any person who is classified or is eligible for classification as an in-state student shall likewise be entitled to classification as an in-state student;

(6) A member of the armed forces who is stationed in this state pursuant to military orders shall be entitled to classification as an in-state student;

(7) An unemancipated person whose parent is a member of the armed forces and stationed in this state pursuant to military orders shall be entitled to classification as an in-state student. The student, while in continuous attendance toward the degree for which he is currently enrolled, shall not lose his residence when his parent is thereafter transferred on military orders; [and]

(8) A student that is from another state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico shall be classified as an in-state student, if such student (A) attended for three years and graduated from a high school in this state, and (B) was sponsored, housed and supported during attendance at such school by a program, such as the "A Better Chance" program, established as a nonprofit organization that raises charitable funds on the local level for the purpose of giving students who are minority students, from single parent homes or live in poverty, an opportunity to attend school in a different environment. For purposes of this subdivision, "minority student" means a student whose racial ancestry is defined as other than white by the Bureau of Census of the United States Department of Commerce; and

(9) In accordance with 8 USC 1621(d), a person, other than a nonimmigrant alien as described in 8 USC 1101(a)(15), shall be entitled to classification as an in-state student for tuition purposes, (A) if such person (i) resides in this state, (ii) attended any educational institution in this state and completed at least four years of high school level education in this state, (iii) graduated from a high school in this state, or the equivalent thereof, and (iv) is registered as an entering student, or is enrolled at a public institution of higher education in this state, and (B) if such person is without legal immigration status, such person files an affidavit with such institution of higher education stating that he or she has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligible to do so.

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact:

Municipal Impact: None

Explanation

Extending in-state tuition status to people without legal immigration status who reside in Connecticut and meet certain criteria is not anticiapted to result in a fiscal impact to the constituent units of higher education.

The University of Connecticut and the Connecticut State University System have policies or the ability to adjust the ratio of in-state to out-of-state students and therefore can make charging in-state tuition to persons without legal immigration status who reside in Connecticut revenue neutral. The Regional Community-Technical Colleges currently have no such persons paying out-of-state tuition and therefore it is anticipated charging in-state tuition would result in no fiscal impact.

The Out Years

None

OLR Bill Analysis

sHB 6390

AN ACT CONCERNING ACCESS TO POSTSECONDARY EDUCATION.

SUMMARY:

This bill extends in-state tuition benefits to post secondary students without legal immigration status who reside in Connecticut and meet certain criteria. By law, with limited exceptions, eligibility for in-state tuition is based on an applicant's domicile, that is, his or her “true, fixed and permanent home” and the place where he or she intends to remain and return to when he or she leaves.

Under the bill, a person, except a nonimmigrant alien (someone with a visa permitting temporary entrance to the country for a specific purpose), qualifies for in-state tuition if he or she:

1. resides in Connecticut;

2. attended any educational institution in the state and completed at least four years of high school here;

3. graduated from a high school in Connecticut, or the equivalent; and

4. is registered as an entering student, or is currently a student at, UConn, a Connecticut State University, a community-technical college, or Charter Oak State College.

People without legal immigration status who meet the above criteria, must file an affidavit with the college stating that they have applied to legalize their immigration status or will do so as soon as they are is eligible to apply. (Currently, such persons who apply for student visas or lawful permanent resident status are subject to deportation under federal law. Thus, they are not eligible to apply to legalize their status unless federal law is amended to allow them to do so. )

By law, “resides” means continuous and permanent physical presence within the state. The establishment of residence is not affected by temporary absence for short periods of time.

EFFECTIVE DATE: July 1, 2011

BACKGROUND

Reference to Federal Law

The bill references a federal statute (8 USC § 1621(d)), which provides that an alien not lawfully present in the U.S. is eligible for certain state and local public benefits, including postsecondary education benefits, only through the enactment of a state law that affirmatively provides for such eligibility.

COMMITTEE ACTION

Higher Education and Employment Advancement Committee

Joint Favorable Substitute