You are incorrect. We are talking about residency for tuition purposes here. Although that may be correct for residency for purpose of becoming a North Dakota resident (maybe for employment purposes?). Direct from the UND website:
Legal residence in the State of North Dakota includes, but is not necessarily limited to the following responsibilities and rights:
a. To vote in general or special elections in the State after 30 days of residence in the precinct (and assuming US citizenship).
See NDCC section 16-01-04.
b. To obtain a North Dakota driver's license before operating any motor vehicle in this State after more than 60 days of residency.
See NDCC section 39-06-02.
c. To register any motor vehicle owned or operated in North Dakota.
See NDCC section 39-04-18.
d. To file a North Dakota resident's income tax return with the State Tax Department reporting any income derived from within this State.
See NDCC sections 57-38-01 (6) and 57-38-31.
e. To obtain a North Dakota resident game or fishing license after 6 months of residency in the State.
See NDCC sections 10.1-01-02 (30) and 20.1-03-05.
Source:
http://www.und.edu/dept/busoff/html/ndresidencyinfo.htm
So if someone who is blind can't legally obtain a driver's license they can't become a resident? You don't need a driver's license.
According to the website, a hunting or fishing license supports proof that you are a resident of the state of North Dakota. *Yeehaa!*
And motor vehicle registration does count:
I believe you are misreading the first line of the paragraph you have quoted. The actions listed do not in and of themselves constitute residency in North Dakota -- they are responsibilities and rights of North Dakota residents.
It's easy to jump ahead and look at a list, but you really need to read the paragraphs that precede that list more carefully.
NDUS Procedures
SUBJECT: STUDENT AFFAIRS
EFFECTIVE: August 18, 2005
Procedure: 504 Residency for Tuition Purposes
- NDCC Section 15-10-19.1 governs determination of residency for tuition purposes. Pursuant to section 15-10-19.1, a resident student for tuition purposes means:
b. A person eighteen years of age or older who has been a legal resident of North Dakota for twelve months immediately prior to the beginning of the academic term;
Further down we read:
3.
NDCC Section 54-01-26 governs determination of legal residency. Legal residence must be based on an actual physical residence in North Dakota plus an intent to consider this state as a home and legal residence for a substantial period of time. Physical residence in the state for only the special or temporary purpose of attending an institution of higher education, without any assumption of the general responsibilities of legal residency, does not qualify one for legal residency. Nevertheless, a student attending a North Dakota institution of higher education is not precluded from proving legal residency simply because that is the student's primary or exclusive pursuit for a period of time. It is not necessary to show gainful employment or an off-campus residency to prove legal residency, although they may be helpful; what is more important is a showing that some of the significant responsibilities or rights of legal residency enumerated in subsection 4 have been assumed or exercised, or even more importantly, that they have not been countered during a period of legal residency claimed in North Dakota by express acts indicating a legal residency in another state. Generally, because making false statements in a residency application is a crime, an applicant's signature is sufficient guarantee that information in the application is accurate. However, university system employees may, at their discretion, require additional documentation.
And then there's this:
5.
Given the academic tradition of recess or vacation periods for holidays, between terms, and during the summer, a student's visits to other states during these periods are not indicative of a lack of legal residency in North Dakota; in fact; NDCC Section 54-01-26 expressly allows absences for "special or temporary purposes." A student's return from North Dakota to a former state of residence for a period of several months (such as an entire summer), however, when combined with the abandonment of a place of residency in this State indicates abandonment of legal residency in North Dakota. Proof of either the retention of a place of residence in North Dakota during the absence (e.g., by rent receipts), or of a special or temporary purpose for the absence, is required in the event of such a prolonged absence. For example, participation in an internship experience or an exchange program in a state of origin that was an acceptable part of the student's academic program at a North Dakota institution of higher education is considered a special or temporary purpose.
I wouldn't take this very lightly.
Get
two (2) of the following things as soon as you get here:
- Hunting license
- Fishing license
- ND driver's license
- Register your car in ND
Hunting license -- requires 6 months residency
Fishing license -- ditto
ND driver's license -- required after 60 days of ND Residency
Let's talk about the Driver's License. Paragraph 4 above says that is is REQUIRED that ND residents "obtain a North Dakota driver's license before operating any motor vehicle in this State after more than 60 days of residency." Farva said, "To obtain the ND residency you need a drivers license from ND." JaceTheAce said, "You are incorrect. . . . if someone who is blind can't legally obtain a driver's license they can't become a resident? You don't need a driver's license."
Well, you both missed an important element of the qualification --
before operating any motor vehicle. A person who is legally blind will not be operating any motor vehicle -- hopefully -- so they don't need a North Dakota Driver's License to prove residency. If YOU, however, decide to operate a motor vehicle in North Dakota after more than 60 days of residency, you
must have a North Dakota Driver's License. There's not option. To do otherwise fails the test of Residency. The list above is not only rights, it's responsibilities. If you show me a North Dakota Driver's License that you obtained June 1, 2006, you cannot convince me that you have been a North Dakota resident since January 1, 2006. You could only have been a North Dakota resident for a maximum of 60 days before obtaining the Driver's License.
Take a look in your wallet.
(Wouldn't it be a drag to lose your Resident Status? You're about to graduate, the Bursar's Office notifies you of a small fee that's outstanding on your balance, you go to the office to pay it off before meeting the folks for graduation, you whip out your checkbook, they ask for your Driver's License, you present your California Driver's License -- ooops . . . that'll be $60,000 please.)
Register your car -- the list says this is a
responsibility of a North Dakota resident. It's not just something you
can do to "prove" you're a resident, it's something you
must do if you're a resident. If you own or operate a motor vehicle in North Dakota, and you are a North Dakota resident, it is your responsibility to register it in North Dakota
Now, a quick visit back to Paragraph 3. above, and I'll stop preaching.
"It is not necessary to show gainful employment or an off-campus residency to prove legal residency, although they may be helpful;
what is more important is a showing that some of the significant responsibilities or rights of legal residency enumerated in subsection 4 have been assumed or exercised, or
even more importantly, that they have not been countered during a period of legal residency claimed in North Dakota by express acts indicating a legal residency in another state."
Maintaining a Driver's License, or Motor Vehicle Registration, or voting in a state other than North Dakota indicates a legal residency in another state.
Be careful out there.
.
Now I have a license plate with a buffalo designed by a local government graphic designer intern. *YUCK!*
