Bill Text: AZ SCR1008 | 2015 | Fifty-second Legislature 1st Regular | Introduced
Bill Title: Postsecondary education; tuition; classification; status
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2015-01-28 - Referred to Senate GOV Committee [SCR1008 Detail]
Download: Arizona-2015-SCR1008-Introduced.html
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REFERENCE TITLE: postsecondary education; tuition; classification; status |
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State of Arizona Senate Fifty-second Legislature First Regular Session 2015
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SCR 1008 |
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Introduced by Senator Quezada; Representatives Andrade, Gonzales, Mendez, Steele: Gabaldón
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A CONCURRENT RESOLUTION
Enacting and ordering the submission to the people of a measure relating to tuition status for postsecondary education.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to tuition status for postsecondary education, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
AN ACT
amending sections 1‑502, 15‑232, 15‑1802 and 15-1803, Arizona Revised Statutes; repealing section 15-1825, Arizona Revised Statutes; relating to tuition status for postsecondary education.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 1-502, Arizona Revised Statutes, is amended to read:
1-502. Eligibility for state or local public benefits; documentation; violation; classification; citizen suits; court costs and attorney fees; definition
A. Notwithstanding any other state law and to the extent permitted by federal law, any agency of this state or a political subdivision of this state that administers any state or local public benefit shall require each natural person who applies for the state or local public benefit to submit at least one of the following documents to the entity that administers the state or local public benefit demonstrating lawful presence in the United States:
1. An Arizona driver license issued after 1996 or an Arizona nonoperating identification license.
2. A birth certificate or delayed birth certificate issued in any state, territory or possession of the United States.
3. A United States certificate of birth abroad.
4. A United States passport.
5. A foreign passport with a United States visa.
6. An I-94 form with a photograph.
7. A United States citizenship and immigration services employment authorization document or refugee travel document.
8. A United States certificate of naturalization.
9. A United States certificate of citizenship.
10. A tribal certificate of Indian blood.
11. A tribal or bureau of Indian affairs affidavit of birth.
B. For the purposes of administering the Arizona health care cost containment system, documentation of citizenship and legal residence shall conform with the requirements of title XIX of the social security act.
C. To the extent permitted by federal law, an agency of this state or political subdivision of this state may allow tribal members, the elderly and persons with disabilities or incapacity of the mind or body to provide documentation as specified in section 6036 of the federal deficit reduction act of 2005 (P.L. 109-171; 120 Stat. 81) and related federal guidance in lieu of the documentation required by this section.
D. Any person who applies for state or local public benefits shall sign a sworn affidavit stating that the documents presented pursuant to subsection A of this section are true under penalty of perjury.
E. Failure to report discovered violations of federal immigration law by an employee of an agency of this state or a political subdivision of this state that administers any state or local public benefit is a class 2 misdemeanor. If that employee's supervisor knew of the failure to report and failed to direct the employee to make the report, the supervisor is guilty of a class 2 misdemeanor.
F. This section shall be enforced without regard to race, color, religion, sex, age, disability or national origin.
G. Any person who is a resident of this state has standing in any court of record to bring suit against any agent or agency of this state or its political subdivisions to remedy any violation of any provision of this section, including an action for mandamus. Courts shall give preference to actions brought under this section over other civil actions or proceedings pending in the court.
H. The court may award court costs and reasonable attorney fees to any person or any official or agency of this state or a county, city, town or other political subdivision of this state that prevails by an adjudication on the merits in a proceeding brought pursuant to this section.
I. For the purposes of this section, "state or local public benefit" has the same meaning prescribed in 8 United States Code section 1621, except that it does not include adult education, postsecondary education, commercial or professional licenses, benefits provided by the public retirement systems and plans of this state or services widely available to the general population as a whole.
Sec. 2. Section 15-232, Arizona Revised Statutes, is amended to read:
15-232. Division of adult education; duties
A. There is established a division of adult education within the department of education, under the jurisdiction of the state board of education, which shall:
1. Prescribe a course of study for adult education in school districts.
2. Make available and supervise the program of adult education in other institutions and agencies of this state.
3. Adopt rules for the establishment and conduct of classes for immigrant and adult education, including the teaching of English to foreigners, in school districts.
4. Devise plans for establishment and maintenance of classes for immigrant and adult education, including the teaching of English to foreigners, stimulate and correlate the Americanization work of various agencies, including governmental, and perform such other duties as may be prescribed by the state board of education and the superintendent of public instruction.
5. Prescribe a course of study to provide training for adults to continue their basic education to the degree of passing an equivalency test approved by the state board of education.
6. Review, approve and monitor a fee structure that may be implemented by adult education providers to ensure they meet state and federal law and considers an individual's ability to pay. The approved fee structure shall include a sliding scale fee schedule, based on household income, that shall be assessed to each individual participating in any program offered by the adult education provider.
B. The department of education shall provide classes under this section only to adults who are citizens or legal residents of the United States or are otherwise lawfully present in the United States. This subsection does not prohibit a student who would qualify for in-state tuition or county residency status under section 15-1802 or 15-1803 from eligibility for state-funded adult education classes pursuant to this section. This subsection shall be enforced without regard to race, religion, gender, ethnicity or national origin.
C. The department of education shall report on December 31 and June 30 of each year to the joint legislative budget committee the total number of adults who applied for instruction and the total number of adults who were denied instruction under this section because the applicant was not a citizen or legal resident of the United States or was not otherwise lawfully present in the United States.
Sec. 3. Section 15-1802, Arizona Revised Statutes, is amended to read:
15-1802. In‑state student status
A. Except as otherwise provided in this article, no person having a domicile elsewhere than in this state is eligible for classification as an in‑state student for tuition purposes.
B. A person is not entitled to classification as an in‑state student until the person is domiciled in this state for one year, except that a person whose domicile is in this state is entitled to classification as an in‑state student if the person meets one of the following requirements:
1. The person's parent's domicile is in this state and the parent is entitled to claim the person as an exemption for state and federal tax purposes.
2. The person is an employee of an employer that transferred the person to this state for employment purposes or the person is the spouse of such an employee.
3. The person is an employee of a school district in this state and is under contract to teach on a full‑time basis or is employed as a full‑time noncertified classroom aide at a school within that school district. For the purposes of this paragraph, the person is eligible for classification as an in‑state student only for courses necessary to complete the requirements for certification by the state board of education to teach in a school district in this state. No member of the person's family is eligible for classification as an in‑state student if the person is eligible for classification as an in‑state student pursuant to this paragraph, unless the family member is otherwise eligible for classification as an in‑state student pursuant to this section.
4. The person's spouse has established domicile in this state for at least one year and has demonstrated intent and financial independence and is entitled to claim the student as an exemption for state and federal tax purposes or the person's spouse was temporarily out of state for educational purposes, but maintained a domicile in this state. If the person is a noncitizen, the person must meet the requirements prescribed in subsection I of this section or be in an eligible visa status pursuant to federal law to classify as an in‑state student for tuition purposes.
C. The domicile of an unemancipated person is that of the person's parent.
D. Any unemancipated person who remains in this state when the person's parent, who had been domiciled in this state, removes from this state is entitled to classification as an in‑state student until attainment of the degree for which currently enrolled, as long as the person maintains continuous attendance.
E. A person who is a member of the armed forces of the United States and who is stationed in this state pursuant to military orders or who is the spouse or a dependent child as defined in section 43‑1001 of a person who is a member of the armed forces of the United States and who is stationed in this state pursuant to military orders is entitled to classification as an in‑state student. A spouse or a dependent child does not lose in-state student classification under this subsection if the spouse or dependent child qualifies for in-state tuition classification at the time the spouse or dependent child is accepted for admission to a community college under the jurisdiction of a community college district governing board or a university under the jurisdiction of the Arizona board of regents. The student, while in continuous attendance toward the degree for which currently enrolled, does not lose in‑state student classification.
F. A person who is a member of the armed forces of the United States or the spouse or a dependent as defined in section 43‑1001 of a member of the armed forces of the United States is entitled to classification as an in‑state student if the member of the armed forces has claimed this state as the person's state of legal residence for at least twelve consecutive months before the member of the armed forces, spouse or dependent enrolls in a university under the jurisdiction of the Arizona board of regents or a community college under the jurisdiction of a community college district governing board. For the purposes of this subsection, the requirement that a person be domiciled in this state for one year before enrollment to qualify for in‑state student classification does not apply.
G. Beginning in the fall semester of 2011, A person who is honorably discharged from the armed forces of the United States on from either active duty or reserve or national guard status, or who has retired from active duty or reserve or national guard status, shall be granted immediate classification as an in‑state student on honorable discharge from the armed forces and, while in continuous attendance toward the degree for which currently enrolled, does not lose in‑state student classification if the person has met the following requirements:
1. Registered to vote in this state.
2. Demonstrated objective evidence of intent to be a resident of Arizona which, for the purposes of this section, includes at least one of the following:
(a) An Arizona driver license.
(b) Arizona motor vehicle registration.
(c) Employment history in Arizona.
(d) Transfer of major banking services to Arizona.
(e) Change of permanent address on all pertinent records.
(f) Other materials of whatever kind or source relevant to domicile or residency status.
H. A person who is a member of an Indian tribe recognized by the United States department of the interior whose reservation land lies in this state and extends into another state and who is a resident of the reservation is entitled to classification as an in‑state student.
I. Regardless of immigration status, an undocumented person who entered this state before reaching sixteen years of age and who has previously been a resident of the United States for at least five years shall be classified as an in‑state student or a resident of the county if all of the following apply:
1. The person meets at least one of the following criteria:
(a) Is currently enrolled in a public or private school.
(b) Has graduated from high school.
(c) Has obtained a general equivalency diploma.
(d) Is an honorably discharged veteran of any branch of the armed forces of the United States.
2. The person has not been convicted of a felony.
3. The person is under thirty‑one years of age.
Sec. 4. Section 15-1803, Arizona Revised Statutes, is amended to read:
15-1803. Alien in‑state student status
A. An alien is entitled to classification as an in‑state refugee student if such that person has been granted refugee status in accordance with all applicable laws of the United States and has met all other requirements for domicile.
B. In accordance with the illegal immigration reform and immigrant responsibility act of 1996 (P.L. 104-208; 110 Stat. 3009), a person who was not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state student pursuant to section 15-1802 or entitled to classification as a county resident pursuant to section 15-1802.01.
C. Each community college and university shall report on December 31 and June 30 of each year to the joint legislative budget committee the total number of students who were entitled to classification as an in-state student and the total number of students who were not entitled to classification as an in-state student under this section because the student was not a citizen or legal resident of the United States or is without lawful immigration status.
B. Regardless of the person's immigration status, a person who entered this state as a minor, who is entitled to classification as an in-state student pursuant to section 15‑1802 or as a resident for tuition purposes pursuant to section 15-1802.01, who has not been previously convicted of a felony and who is eligible for admission to a university under the jurisdiction of the Arizona board of regents or to a community college under the jurisdiction of a community college district governing board shall be classified as an in-state student and as a resident of the county in which the community college district is located.
C. The Arizona board of regents and community college district governing boards shall adopt rules and policies to carry out the purposes of this section.
D. A person who is classified pursuant to this section as an in-state student or as a resident of the county in which the community college district is located is entitled to the same rights and benefits as any other in-state student or any other resident of the county in which the community college district is located, including eligibility for financial aid and scholarships.
E. Any information submitted by a person to a university or community college pursuant to this section is confidential.
Sec. 5. Repeal
Section 15-1825, Arizona Revised Statutes, is repealed.
Sec. 6. Short title
This act may be cited as the "Arizona Higher Education Fairness Act".
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.
