Print Friendly SENATE BILL NO. 1427
– Higher ed, residency
SENATE BILL NO. 1427
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HIGHER EDUCATION - Amends existing law relating to higher education to
revise residency requirements; and to provide for confidentiality of
02/11 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Educ
]]]] 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
2 RELATING TO EDUCATION; AMENDING SECTION 33-3717B, IDAHO CODE, TO REVISE RESI-
3 DENCY REQUIREMENTS, TO PROVIDE FOR CONFIDENTIALITY OF STUDENT INFORMATION
4 AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 33-3720, IDAHO CODE,
5 TO PROVIDE A CORRECT CODE REFERENCE; AND AMENDING SECTION 9-340C, IDAHO
6 CODE, TO PROVIDE A PUBLIC RECORDS EXCEPTION.
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-
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;
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
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:
20 9-340C. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PERSONAL
21 INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records
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-
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
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
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
STATEMENT OF PURPOSE
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
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