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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1061
Introduced by Murman, 38; Clements, 2; Lonowski, 33; Meyer, G., 17;
Sanders, 45; Sorrentino, 39; Storm, 23.
Read first time January 14, 2026
Committee: Education
A BILL FOR AN ACT relating to postsecondary education; to amend section1
85-502, Reissue Revised Statutes of Nebraska; to change residence2
requirements relating to tuition and fees at state postsecondary3
educational institutions; and to repeal the original section.4
Be it enacted by the people of the State of Nebraska,5
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Section 1. Section 85-502, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
85-502 Rules and regulations established by the governing board of3
each state postsecondary educational institution shall require as a4
minimum that a person is not deemed to have established a residence in5
this state, for purposes of sections 85-501 to 85-504, unless:6
(1) Such person is of legal age or is an emancipated minor and has7
established a home in Nebraska where he or she is habitually present for8
a minimum period of one hundred eighty days, with the bona fide intention9
of making this state his or her permanent residence, supported by10
documentary proof; 11
(2) The parents, parent, or guardian having custody of a minor12
registering in the educational institution have established a home in13
Nebraska where such parents, parent, or guardian are or is habitually14
present with the bona fide intention to make this state their, his, or15
her permanent residence, supported by documentary proof. If a student has16
matriculated in any state postsecondary educational institution while his17
or her parents, parent, or guardian had an established home in this18
state, and the parents, parent, or guardian ceases to reside in the19
state, such student shall not thereby lose his or her resident status if20
such student has the bona fide intention to make this state his or her21
permanent residence, supported by documentary proof;22
(3) Such student is of legal age and is a dependent for federal23
income tax purposes of a parent or former guardian who has established a24
home in Nebraska where he or she is habitually present with the bona fide25
intention of making this state his or her permanent residence, supported26
by documentary proof; 27
(4) Such student is a nonresident of this state prior to marriage28
and marries a person who has established a home in Nebraska where he or29
she is habitually present with the bona fide intention of making this30
state his or her permanent residence, supported by documentary proof;31
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(5) Such Except as provided in subdivision (9) of this section, such1
student, if an alien, has applied to or has a petition pending with the2
United States Immigration and Naturalization Service to attain lawful3
status under federal immigration law and has established a home in4
Nebraska for a period of at least one hundred eighty days where he or she5
is habitually present with the bona fide intention to become a lawful6
permanent resident of the United States and make this state his or her7
permanent residence, supported by documentary proof;8
(6) Such student is a staff member or a dependent of a staff member9
of the University of Nebraska, one of the Nebraska state colleges, or one10
of the community college areas who joins the staff immediately prior to11
the beginning of a term from an out-of-state location;12
(7)(a) Such student is on active duty with the armed services of the13
United States and has been assigned a permanent duty station in Nebraska;14
or 15
(b) Such student is a spouse or legal dependent of a person who was16
on active duty with the armed services of the United States assigned to a17
permanent duty station in Nebraska at the time such student was accepted18
for admission to the state postsecondary educational institution and such19
student remains continually enrolled at such state postsecondary20
educational institution; 21
(8) Such student is currently serving in the Nebraska National22
Guard; or 23
(9)(a) Such student resided with his or her parent, guardian, or24
conservator while attending a public, private, denominational, or25
parochial high school in this state or a school in this state which26
elects pursuant to section 79-1601 not to meet accreditation or approval27
requirements and: 28
(i) Graduated from a public, private, denominational, or parochial29
high school in this state, completed the program of instruction offered30
by a school in this state which elects pursuant to section 79-1601 not to31
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meet accreditation or approval requirements, or received a diploma of1
high school equivalency issued pursuant to section 79-730;2
(ii) Resided in this state for at least three years before the date3
the student graduated from the high school, completed the program of4
instruction, or received the diploma of high school equivalency;5
(iii) Registered as an entering student in a state postsecondary6
educational institution not earlier than the 2006 fall semester; and7
(iv) Provided to the state postsecondary educational institution an8
affidavit stating that he or she will file an application to become a9
permanent resident at the earliest opportunity he or she is eligible to10
do so. 11
(b) If the parent, guardian, or conservator with whom the student12
resided ceases to reside in the state, such student shall not lose his or13
her resident status under this subdivision if the student has the bona14
fide intention to make this state his or her permanent residence,15
supported by documentary proof; or 16
(9) (10) Such student is qualified for a national service17
educational award or summer of service educational award from the18
National Service Trust pursuant to 42 U.S.C. 12602, as such section19
existed on January 1, 2021. 20
Sec. 2. Original section 85-502, Reissue Revised Statutes of21
Nebraska, is repealed. 22
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