2008 Legislation
Print Friendly

SENATE BILL NO. 1427<br /> – Higher ed, residency


View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status

S1427..........................................................by EDUCATION
HIGHER EDUCATION - Amends existing law relating to higher education to
revise residency requirements; and to provide for confidentiality of
student information.

02/11    Senate intro - 1st rdg - to printing
02/12    Rpt prt - to Educ

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                                       IN THE SENATE

                                    SENATE BILL NO. 1427

                                   BY EDUCATION COMMITTEE

  1                                        AN ACT

  7    Be It Enacted by the Legislature of the State of Idaho:

  8        SECTION 1.  That Section 33-3717B, Idaho Code, be, and the same is  hereby
  9    amended to read as follows:

 10        33-3717B.  RESIDENCY  REQUIREMENTS.  (1)  For  any  public  institution of
 11    higher education in Idaho, a "resident student" is:
 12        (a)  Any student who has one (1) or more parent or  parents  or  court-ap-
 13        pointed  guardians  who  are domiciled in the state of Idaho. Domicile, in
 14        the case of a parent or guardian, means that individual's true, fixed  and
 15        permanent  home  and place of habitation. It is the place where that indi-
 16        vidual intends to remain, and to which that individual expects  to  return
 17        when  that individual leaves without intending to establish a new domicile
 18        elsewhere. To qualify under this section, the parent, parents or guardians
 19        must have maintained a bona fide domicile in the state  of  Idaho  for  at
 20        least one (1) year prior to the opening day of the term for which the stu-
 21        dent matriculates.
 22        (b)  Any  student,  who  receives  less  than  fifty  percent (50%) of the
 23        student's support from a parent, parents or legal guardians  who  are  not
 24        residents of this state for voting purposes, but which student has contin-
 25        uously resided in the state of Idaho for twelve (12) months next preceding
 26        the  opening  day  of the term during which the student proposes to attend
 27        the college or university and who has in  fact  established  a  bona  fide
 28        domicile in this state primarily for purposes other than educational.
 29        (c)  Subject to subsection (2) of this section, any student who is a grad-
 30        uate  of  an  accredited  secondary  school in the state of Idaho, and who
 31        matriculates at a college or university in the state of Idaho  during  the
 32        term  immediately following such graduation regardless of the residence of
 33        the student's parent or guardian.
 34        (d)  The spouse of a person who is classified, or is eligible for  classi-
 35        fication,  as a resident of the state of Idaho for the purposes of attend-
 36        ing a college or university.
 37        (e)  A member of the armed forces of the United States, stationed  in  the
 38        state of Idaho on military orders.
 39        (f)  A  student  whose  parent or guardian is a member of the armed forces
 40        and stationed in the state of Idaho on military orders  and  who  receives
 41        fifty  percent  (50%)  or more of support from parents or legal guardians.
 42        The student, while in continuous attendance, shall not lose that residence
 43        when the student's parent or guardian is transferred on military orders.


  1        (g)  A person separated,  under  honorable  conditions,  from  the  United
  2        States  armed  forces  after at least two (2) years of service, who at the
  3        time of separation designates the state of Idaho as his intended  domicile
  4        or  who has Idaho as the home of record in service and enters a college or
  5        university in the state of Idaho within one (1) year of the date of  sepa-
  6        ration.
  7        (h)  Any  individual  who  has  been  domiciled in the state of Idaho, has
  8        qualified  and would otherwise be qualified under the provisions  of  this
  9        statute  and  who is away from the state for a period of less than one (1)
 10        calendar year and has not established legal residence elsewhere provided a
 11        twelve (12) month period of  continuous  residence  has  been  established
 12        immediately prior to departure.
 13        (i)  A student who is a member of any of the following Idaho Native Ameri-
 14        can  Indian tribes, regardless of current domicile, shall be considered an
 15        Idaho state resident for purposes of fees or tuition  at  institutions  of
 16        higher  education:  members  of the following Idaho Native American Indian
 17        tribes, whose traditional and customary tribal  boundaries  included  por-
 18        tions  of  the  state of Idaho, or whose Indian tribe was granted reserved
 19        lands within the state of Idaho: (i) Coeur d'Alene tribe;  (ii)  Shoshone-
 20        Paiute  tribes;  (iii)  Nez Perce tribe; (iv) Shoshone-Bannock tribes; (v)
 21        Kootenai tribe.
 22        (2)  A "nonresident student" shall mean any student who does  not  qualify
 23    as  a  "resident  student" under the provisions of subsection (1) of this sec-
 24    tion, and shall include:
 25        (a)  A student attending an institution in this  state  with  the  aid  of
 26        financial  assistance  provided  by  another state or governmental unit or
 27        agency thereof, such nonresidency continuing for one (1)  year  after  the
 28        completion of the semester for which such assistance is last provided.
 29        (b)  A  person  who  is not a citizen of the United States of America, who
 30        does not have permanent or temporary resident  status  or  does  not  hold
 31        "refugee-parolee"  or  "conditional entrant" status with the United States
 32        immigration and naturalization service or  is  not  otherwise  permanently
 33        residing in the United States under color of the law and who does not also
 34        meet and comply with all applicable requirements of this section.
 35        (3)  Notwithstanding subsection (2) of this section, any student who meets
 36    all  of the following requirements shall be exempt from paying the nonresident
 37    portion of total tuition:
 38        (a)  Graduation from a public or private high  school  in  this  state  or
 39        attainment of the equivalent of a high school diploma in this state;
 40        (b)  Continuous residence in this state for:
 41             (i)   The three (3) years preceding the date of graduation or receipt
 42             of the diploma equivalent, as applicable; and
 43             (ii)  The  year  preceding  the  census  date of the academic term in
 44             which the person is enrolled in an institution of  higher  education;
 45             and
 46        (c)  Registration  as  an  entering  student,  or current enrollment at an
 47        accredited institution of higher education in Idaho not earlier  than  the
 48        fall semester or quarter of the 2008-2009 academic year; and
 49        (d)  In the case of a person without lawful immigrant status in the United
 50        States,  the  filing of an affidavit with the institution of higher educa-
 51        tion stating that the student has filed an  application  to  legalize  the
 52        student's  immigration  status, or will file an application as soon as the
 53        student is eligible to do so.
 54    Student information obtained in the implementation of this subsection  (3)  is
 55    confidential pursuant to section 9-340C(4)(g), Idaho Code.


  1        (4)  The  establishment  of  a  new domicile in Idaho by a person formerly
  2    domiciled in another state has occurred if such person is  physically  present
  3    in  Idaho primarily for purposes other than educational and can show satisfac-
  4    tory proof that such person is without a present intention to return  to  such
  5    other  state  or  to  acquire a domicile at some other place outside of Idaho.
  6    Institutions determining whether a student is domiciled in the state of  Idaho
  7    primarily for purposes other than educational shall consider, but shall not be
  8    limited to, the following factors:
  9        (a)  Registration  and  payment of Idaho taxes or fees on a motor vehicle,
 10        mobile  home, travel trailer, or other item of personal property for which
 11        state registration and the payment of a state tax or fee is required;
 12        (b)  Filing of Idaho state income tax returns;
 13        (c)  Permanent full-time employment or the hourly  equivalent  thereof  in
 14        the state of Idaho;
 15        (d)  Registration  to  vote for state elected officials in Idaho at a gen-
 16        eral election.
 17        (45)  The state board of education and the board of regents of the univer-
 18    sity of Idaho shall adopt uniform and standard rules applicable to  all  state
 19    colleges  and  universities now or hereafter established to determine resident
 20    status of any student and to establish procedures for review of that status.
 21        (56)  Appeal from a final determination denying  resident  status  may  be
 22    initiated  by  the  filing of an action in the district court of the county in
 23    which the affected college or university is located; an appeal from  the  dis-
 24    trict court shall lie as in all civil actions.
 25        (67)  Nothing  contained herein shall prevent the state board of education
 26    and the board of regents of the university of Idaho from establishing  quotas,
 27    standards  for  admission,  standards  for  readmission,  or  other  terms and
 28    requirements governing persons who are not residents for  purposes  of  higher
 29    education.
 30        (78)  For  students  who  apply for special graduate and professional pro-
 31    grams including, but not limited to,  the  WAMI  WWAMI  (Washington,  Wyoming,
 32    Alaska,  Montana,  Idaho) regional medical program, the WICHE student exchange
 33    programs, Creighton university school of dental  science,  the  university  of
 34    Utah  college  of  medicine,  and the Washington, Oregon, Idaho (WOI) regional
 35    program in veterinary medical education, no applicant shall  be  certified  or
 36    otherwise designated as a beneficiary of such special program who has not been
 37    a  resident  of the state of Idaho for at least one (1) calendar year previous
 38    to the application date.

 39        SECTION 2.  That Section 33-3720, Idaho Code, be, and the same  is  hereby
 40    amended to read as follows:

 41        33-3720.  PROFESSIONAL  STUDIES PROGRAM. (1) It is hereby declared that it
 42    is in the public interest to assist Idaho citizens who wish to pursue  profes-
 43    sional  studies in the fields of medicine, dentistry, veterinary medicine, and
 44    other health-related areas of study which are not available within  the  state
 45    by  (a)  entering  into  compacts  or  contractual  agreements which make such
 46    courses of study available to Idaho citizens, and (b) providing a mechanism to
 47    provide funds for such Idaho citizens.
 48        (2)  The state board of education is hereby authorized to enter into  loan
 49    agreements  with  qualified  recipients  to participate in qualified programs,
 50    which agreements shall include provisions for repayment of the loan  on  terms
 51    agreed  to by the board and the qualified recipient; such repayment agreements
 52    may include provisions for decreasing or delaying or forgiving  the  repayment
 53    obligation  in relationship to the recipient's course of study or agreement to


  1    return to Idaho to practice professionally.
  2        (a)  A qualified recipient shall be any  Idaho  student  accepted  into  a
  3        qualified  program who meets the residency requirements imposed by section
  4        33-3717B, Idaho Code, and the rules of the state board of education.
  5        (b)  A  qualified  program  shall  be  a  program  enumerated  in  section
  6        33-3717B(78), Idaho Code, and any other medical, dental, veterinary  medi-
  7        cine, or other health-related program in which participation by Idaho res-
  8        idents  has  been  authorized by the legislature  and for which funds have
  9        been obligated by the board pursuant to subsection (3) of this section.
 10        (3)  The state board of education is hereby authorized to  transfer,  dis-
 11    tribute  or  pay  such  moneys  as  are  available in the professional studies
 12    account to the school, program, or compact providing the course of study  pur-
 13    suant to contracts, agreements, or compacts entered into by the legislature or
 14    the state board of education.
 15        (4)  The state board of education is hereby authorized to adopt all neces-
 16    sary rules, subject to the provisions of chapter 52, title 67, Idaho Code, for
 17    the administration of the professional studies program.

 18        SECTION  3.  That  Section  9-340C, Idaho Code, be, and the same is hereby
 19    amended to read as follows:

 22    are exempt from disclosure:
 23        (1)  Except as provided in this subsection, all  personnel  records  of  a
 24    current or former public official other than the public official's public ser-
 25    vice  or  employment  history,  classification, pay grade and step, longevity,
 26    gross salary and salary history, status, workplace and employing  agency.  All
 27    other personnel information relating to a public employee or applicant includ-
 28    ing,  but  not  limited  to,  information regarding sex, race, marital status,
 29    birth date, home address  and  telephone  number,  applications,  testing  and
 30    scoring  materials,  grievances,  correspondence  and performance evaluations,
 31    shall not be disclosed to the public without  the  employee's  or  applicant's
 32    written  consent.  Names of applicants to classified or merit system positions
 33    shall not be disclosed to the public without the applicant's written  consent.
 34    Disclosure  of  names as part of a background check is permitted. Names of the
 35    five (5) final applicants to all other positions shall  be  available  to  the
 36    public. If such group is less than five (5) finalists, then the entire list of
 37    applicants  shall  be available to the public. A public official or authorized
 38    representative may inspect and copy his personnel records, except for material
 39    used to screen and test for employment.
 40        (2)  Retired employees' and retired public officials' home addresses, home
 41    telephone numbers and other financial  and  nonfinancial  membership  records;
 42    active and inactive member financial and membership records and mortgage port-
 43    folio  loan  documents  maintained  by  the public employee retirement system.
 44    Financial statements prepared by retirement system staff, funding  agents  and
 45    custodians  concerning the investment of assets of the public employee retire-
 46    ment system of Idaho are not considered confidential under this chapter.
 47        (3)  Information and records submitted to the Idaho state lottery for  the
 48    performance  of  background investigations of employees, lottery retailers and
 49    major procurement contractors; audit records of lottery retailers, vendors and
 50    major procurement contractors submitted to or performed  by  the  Idaho  state
 51    lottery; validation and security tests of the state lottery for lottery games;
 52    business records and information submitted pursuant to sections 67-7412(8) and
 53    (9)  and  67-7421(8)  and  (9), Idaho Code, and such documents and information


  1    obtained and held for the  purposes  of  lottery  security  and  investigative
  2    action as determined by lottery rules unless the public interest in disclosure
  3    substantially  outweighs  the  private need for protection from public disclo-
  4    sure.
  5        (4)  Records of a personal nature as follows:
  6        (a)  Records of personal debt filed with a public  agency  or  independent
  7        public body corporate and politic pursuant to law;
  8        (b)  Personal  bank records compiled by a public depositor for the purpose
  9        of public funds transactions conducted pursuant to law;
 10        (c)  Records of ownership of financial obligations and  instruments  of  a
 11        public  agency  or  independent public body corporate and politic, such as
 12        bonds, compiled by the public agency or independent public body  corporate
 13        and politic pursuant to law;
 14        (d)  Records,  with  regard to the ownership of, or security interests in,
 15        registered public obligations;
 16        (e)  Vital statistics records; and
 17        (f)  Military records as described in  and  pursuant  to  section  65-301,
 18        Idaho Code; and
 19        (g)  Records  and  information  obtained  pursuant to section 33-3717B(3),
 20        Idaho Code.
 21        (5)  Information in an income or other tax return  measured  by  items  of
 22    income  or  sales,  which  is  gathered  by a public agency for the purpose of
 23    administering the tax, except such information to the extent  disclosed  in  a
 24    written  decision  of  the  tax commission pursuant to a taxpayer protest of a
 25    deficiency determination by the tax commission, under the provisions  of  sec-
 26    tion 63-3045B, Idaho Code.
 27        (6)  Records  of  a  personal nature related directly or indirectly to the
 28    application for and provision of statutory services rendered to persons apply-
 29    ing for public care for the elderly, indigent, or mentally or physically hand-
 30    icapped, or participation in an environmental or a public health  study,  pro-
 31    vided  the provisions of this subsection making records exempt from disclosure
 32    shall not apply to the extent that such records or  information  contained  in
 33    those  records  are  necessary for a background check on an individual that is
 34    required by federal law regulating the sale of firearms, guns or ammunition.
 35        (7)  Employment security information and  unemployment  insurance  benefit
 36    information,  except that all interested parties may agree to waive the exemp-
 37    tion unless access to the information by the parties is restricted by  subsec-
 38    tion  (3)(a),  (3)(b)  or (3)(d) of section 9-342, Idaho Code. Notwithstanding
 39    the provisions of section 9-342, Idaho Code, a person may not review identify-
 40    ing information concerning an informant who  reported  to  the  department  of
 41    labor  a  suspected  violation  by  the person of the employment security law,
 42    chapter 13, title 72, Idaho Code, under an assurance  of  confidentiality.  As
 43    used  in this section, "employment security information" means any information
 44    descriptive of an identifiable person or persons that is received by, recorded
 45    by, prepared by, furnished to or collected by the department of labor  or  the
 46    industrial commission in the administration of the employment security law.
 47        (8)  Any  personal records, other than names, business addresses and busi-
 48    ness phone numbers, such as parentage, race, religion,  sex,  height,  weight,
 49    tax  identification  and  social  security numbers, financial worth or medical
 50    condition submitted to any public agency or independent public body  corporate
 51    and  politic pursuant to a statutory requirement for licensing, certification,
 52    permit or bonding.
 53        (9)  Unless otherwise provided by agency  rule,  information  obtained  as
 54    part  of an inquiry into a person's fitness to be granted or retain a license,
 55    certificate, permit, privilege, commission or  position,  private  association


  1    peer  review  committee records authorized in title 54, Idaho Code. Any agency
  2    which has records exempt from disclosure under the provisions of this  subsec-
  3    tion  shall  annually  make  available a statistical summary of the number and
  4    types of matters considered and their disposition.
  5        (10) The records, findings, determinations and decisions of any prelitiga-
  6    tion screening panel formed under chapters 10 and 23, title 6, Idaho Code.
  7        (11) Complaints received by the board of medicine and  investigations  and
  8    informal  proceedings,  including informal proceedings of any committee of the
  9    board of medicine, pursuant to chapter 18, title 54,  Idaho  Code,  and  rules
 10    adopted thereunder.
 11        (12) Records  of  the  department of health and welfare or a public health
 12    district that identify a person infected with a reportable disease.
 13        (13) Records of hospital care, medical records,  including  prescriptions,
 14    drug  orders,  records or any other prescription information that specifically
 15    identifies an individual patient, prescription records maintained by the board
 16    of pharmacy under sections 37-2726 and 37-2730A, Idaho Code, records  of  psy-
 17    chiatric  care or treatment and professional counseling records relating to an
 18    individual's condition, diagnosis, care or treatment, provided the  provisions
 19    of  this  subsection  making records exempt from disclosure shall not apply to
 20    the extent that such records or information contained  in  those  records  are
 21    necessary for a background check  on an individual that is required by federal
 22    law regulating the sale of firearms, guns or ammunition.
 23        (14) Information  collected  pursuant  to  the directory of new hires act,
 24    chapter 16, title 72, Idaho Code.
 25        (15) Personal information contained in motor vehicle  and  driver  records
 26    that  is  exempt  from disclosure under the provisions of chapter 2, title 49,
 27    Idaho Code.
 28        (16) Records of the financial status of prisoners pursuant  to  subsection
 29    (2) of section 20-607, Idaho Code.
 30        (17) Records  of  the  Idaho  state  police  or  department  of correction
 31    received or maintained pursuant to section 19-5514, Idaho  Code,  relating  to
 32    DNA databases and databanks.
 33        (18) Records of the department of health and welfare relating to a survey,
 34    resurvey  or  complaint  investigation of a licensed nursing facility shall be
 35    exempt from disclosure. Such records shall, however, be subject to  disclosure
 36    as public records as soon as the facility in question has received the report,
 37    and  no  later  than  the fourteenth day following the date that department of
 38    health and welfare representatives officially exit the  facility  pursuant  to
 39    federal  regulations.  Provided however, that for purposes of confidentiality,
 40    no record shall be released under this section which  specifically  identifies
 41    any nursing facility resident.
 42        (19) Records  and  information  contained in the registry of immunizations
 43    against childhood diseases maintained in the department of health and welfare,
 44    including information disseminated to others from the registry by the  depart-
 45    ment of health and welfare.
 46        (20) Records  of the Idaho housing and finance association (IHFA) relating
 47    to the following:
 48        (a)  Records containing personal financial, family, health or similar per-
 49        sonal information submitted to or otherwise obtained by the IHFA;
 50        (b)  Records submitted to or otherwise obtained by the IHFA with regard to
 51        obtaining and servicing mortgage loans and all  records  relating  to  the
 52        review, approval or rejection by the IHFA of said loans;
 53        (c)  Mortgage portfolio loan documents;
 54        (d)  Records  of  a  current  or former employee other than the employee's
 55        duration of employment with the association, position held and location of


  1        employment. This exemption from disclosure does not include the  contracts
  2        of employment or any remuneration, including reimbursement of expenses, of
  3        the executive director, executive officers or commissioners of the associ-
  4        ation. All other personnel information relating to an association employee
  5        or  applicant  including,  but  not limited to, information regarding sex,
  6        race, marital status, birth  date,  home  address  and  telephone  number,
  7        applications,  testing  and scoring materials, grievances, correspondence,
  8        retirement plan information and performance evaluations, shall not be dis-
  9        closed to the public without the employee's or  applicant's  written  con-
 10        sent.  An  employee or authorized representative may inspect and copy that
 11        employee's personnel records, except for material used to screen and  test
 12        for  employment  or  material  not  subject to disclosure elsewhere in the
 13        Idaho public records act.
 14        (21) Records of the department of health and welfare related to child sup-
 15    port services in cases in which there is reasonable evidence of domestic  vio-
 16    lence,  as  defined  in  chapter 63, title 39, Idaho Code, that can be used to
 17    locate any individuals in the child support case except in response to a court
 18    order.
 19        (22) Records of the Idaho state bar lawyer's assistance  program  pursuant
 20    to  chapter  49,  title  54,  Idaho  Code, unless a participant in the program
 21    authorizes the release pursuant to subsection (4) of  section  54-4901,  Idaho
 22    Code.
 23        (23) Records  and  information contained in the trauma registry created by
 24    chapter 20, title 57, Idaho Code, together with any reports, analyses and com-
 25    pilations created from such information and records.
 26        (24) Records contained in the court files, or other  records  prepared  as
 27    part  of  proceedings  for  judicial authorization of sterilization procedures
 28    pursuant to chapter 39, title 39, Idaho Code.
 29        (25) The physical voter registration card on file in  the  county  clerk's
 30    office;  however, a redacted copy of said card shall be made available consis-
 31    tent with the requirements of this section. Information from the voter  regis-
 32    tration  card maintained in the statewide voter registration database, includ-
 33    ing age, will be made available except for the voter's driver's  license  num-
 34    ber,  date of birth and, upon showing of good cause by the voter to the county
 35    clerk in consultation with the county prosecuting attorney, the physical resi-
 36    dence address of the voter. For the purposes of  this  subsection  good  cause
 37    shall include the protection of life and property and protection of victims of
 38    domestic violence and similar crimes.
 39        (26) File  numbers,  passwords  and information in the files of the health
 40    care directive registry maintained by the secretary  of  state  under  section
 41    39-4515, Idaho Code, are confidential and shall not be disclosed to any person
 42    other than to the person who executed the health care directive or the revoca-
 43    tion thereof and that person's legal representatives, to the person who regis-
 44    tered the health care directive or revocation thereof, and to physicians, hos-
 45    pitals,  medical  personnel,  nursing  homes,  and other persons who have been
 46    granted file number and password access to the documents within that  specific
 47    file.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 17811

The purpose of this bill is to clarify eligibility for in-state
tuition at public institutions of higher education in Idaho. 
Currently, students who have grown up in Idaho and studied in
Idaho high schools but do not have certain listed immigration
statuses do not qualify for in-state tuition at Idaho's public
institutions of higher education.  Some of Idaho's brightest and
best high school students are unable to attend college or
university because they do not qualify for in-state tuition. 
Idaho would benefit if these students obtained higher education. 
This amendment would allow students who have lived in Idaho for
at least three years and attained a high school diploma or its
equivalent in Idaho to attend Idaho institutions of higher
education and pay in-state tuition, regardless of immigration
status.  This amendment does not provide undocumented immigrant
students any benefit that citizen students from other states do
not receive.

                           FISCAL NOTE

There is no fiscal impact.

Name: Fernando Mejia, Idaho Community Action Network 
Phone: 208-385-9146 ext. 104

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1427