HOUSE Amended 2nd Reading February 10, 2004Second Regular Session Sixty-fourth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO. 04-0263.01 Jerry Barry HOUSE BILL 04-1006 HOUSE SPONSORSHIP Hefley SENATE SPONSORSHIP McElhany House Committees Senate Committees Education Appropriations A BILL FOR AN ACT Concerning the classification of a dependent of a member of the armed forces for purposes of determining tuition at public institutions of higher education. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Specifies that a dependent of a member of the armed forces of the United States on active duty:  Who enrolls in a Colorado public college within 12 months after graduating from a Colorado high school is eligible for in-state tuition; and  Who is continually enrolled in college in Colorado does not lose the dependent's status as an in-state student if the member is later transferred outside of Colorado. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 23-7-103 (1) (c) (I), Colorado Revised Statutes, is amended to read: 23-7-103. Presumptions and rules for determination of status. (1) Unless the contrary appears to the satisfaction of the registering authority of the institution at which a student is registering, it shall be presumed that: (c) (I) A person does not gain or lose in-state status by reason of his or her presence in any state or country while a member of the armed forces of the United States; but a member of the armed forces may be eligible to obtain in-state status for himself the member after being domiciled in Colorado for twelve continuous months and complying with the provisions of this article or, notwithstanding the length of his or her residency, upon moving to Colorado on a permanent change-of-station basis; except that such in-state status shall not be considered in determining limitations on maximum enrollment placed on institutions of higher education in Colorado and such in-state status shall not apply to members of the armed forces of the United States who attend education programs on military bases and such in-state status shall also be subject to the limitations in subparagraph (II) of this paragraph (c). A member of the armed forces may also apply for in-state tuition classification for any of his or her dependent dependents, including but not limited to a spouse, upon meeting the requirements of this section. After qualifying as an in-state student and while continuously enrolled as an undergraduate or graduate student at an institution of higher education in Colorado, a dependent of a member of the armed forces of the United States on active duty shall not lose the dependent's in-state tuition status if the member is transferred outside of Colorado. A person who is a dependent of a member of the armed forces of the United States who was on active duty in Colorado during the person's last year of high school, and who attends a public institution of higher education in Colorado within twelve months after graduating from a high school in Colorado, shall be eligible for in-state tuition; except that such a person is not eligible for in-state tuition under this provision if the person has attended an institution of higher education outside of Colorado. SECTION 2. Applicability. This act shall apply to dependents of members of the armed forces of the United States on active duty who graduate from high school or who are classified as in-state students on or after the effective date of this act. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.