LB197 LB197
2021 2021
LEGISLATIVE BILL 197
Approved by the Governor April 21, 2021
Introduced by Vargas, 7; Blood, 3; Dorn, 30; Hunt, 8; Lathrop, 12; Morfeld, 46.
A BILL FOR AN ACT relating to postsecondary education; to amend section 85-502,
Revised Statutes Cumulative Supplement, 2020; to change residency requirements for award recipients from the National Service Trust as
prescribed; and to repeal the original section.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 85-502, Revised Statutes Cumulative Supplement, 2020,
is amended to read:
85-502 Rules and regulations established by the governing board of each state postsecondary educational institution shall require as a minimum that a person is not deemed to have established a residence in this state, for purposes of sections 85-501 to 85-504, unless:
(1) Such person is of legal age or is an emancipated minor and has established a home in Nebraska where he or she is habitually present for a minimum period of one hundred eighty days, with the bona fide intention of
making this state his or her permanent residence, supported by documentary proof;
(2) The parents, parent, or guardian having custody of a minor registering in the educational institution have established a home in Nebraska where such parents, parent, or guardian are or is habitually present with the bona fide intention to make this state their, his, or her permanent residence, supported by documentary proof. If a student has matriculated in any state postsecondary educational institution while his or her parents, parent, or guardian had an
established home in this state, and the parents, parent, or guardian ceases to
reside in the state, such student shall not thereby lose his or her resident status if such student has the bona fide intention to make this state his or
her permanent residence, supported by documentary proof;
(3) Such student is of legal age and is a dependent for federal income tax purposes of a parent or former guardian who has established a home in Nebraska where he or she is habitually present with the bona fide intention of making this state his or her permanent residence, supported by documentary proof;
(4) Such student is a nonresident of this state prior to marriage and marries a person who has established a home in Nebraska where he or she is
habitually present with the bona fide intention of making this state his or her permanent residence, supported by documentary proof;
(5) Except as provided in subdivision (9) of this section, such student,
if an alien, has applied to or has a petition pending with the United States Immigration and Naturalization Service to attain lawful status under federal immigration law and has established a home in Nebraska for a period of at least one hundred eighty days where he or she is habitually present with the bona fide intention to make this state his or her permanent residence, supported by
documentary proof;
(6) Such student is a staff member or a dependent of a staff member of the University of Nebraska, one of the Nebraska state colleges, or one of the community college areas who joins the staff immediately prior to the beginning of a term from an out-of-state location;
(7)(a) Such student is on active duty with the armed services of the United States and has been assigned a permanent duty station in Nebraska; or
(b) Such student is a spouse or legal dependent of a person who was on
active duty with the armed services of the United States assigned to a permanent duty station in Nebraska at the time such student was accepted for admission to the state postsecondary educational institution and such student remains continually enrolled at such state postsecondary educational institution;
(8) Such student is currently serving in the Nebraska National Guard; or
(9)(a) Such student resided with his or her parent, guardian, or conservator while attending a public or private high school in this state and:
(i) Graduated from a public or private high school in this state or
received the equivalent of a high school diploma in this state;
(ii) Resided in this state for at least three years before the date the student graduated from the high school or received the equivalent of a high school diploma;
(iii) Registered as an entering student in a state postsecondary educational institution not earlier than the 2006 fall semester; and
(iv) Provided to the state postsecondary educational institution an
affidavit stating that he or she will file an application to become a permanent resident at the earliest opportunity he or she is eligible to do so.
(b) If the parent, guardian, or conservator with whom the student resided ceases to reside in the state, such student shall not lose his or her resident status under this subdivision if the student has the bona fide intention to
make this state his or her permanent residence, supported by documentary proof;
or .
(10) Such student is qualified for a national service educational award or
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LB197 LB197
2021 2021
summer of service educational award from the National Service Trust pursuant to
42 U.S.C. 12602, as such section existed on January 1, 2021.
Sec. 2. Original section 85-502, Revised Statutes Cumulative Supplement,
2020, is repealed.
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Statutes affected:
Introduced: 85-502
Final Reading: 85-502
Slip Law: 85-502