Adds to existing law to establish provisions regarding certain limitations on scholarships.

LEGISLATURE OF THE STATE OF IDAHO
Sixty-eighth Legislature Second Regular Session - 2026
IN THE SENATE
SENATE BILL NO. 1357
BY STATE AFFAIRS COMMITTEE
AN ACT	1
RELATING TO EDUCATION; AMENDING CHAPTER 37, TITLE 33, IDAHO CODE, BY THE AD-	2
DITION OF A NEW SECTION 33-3717D, IDAHO CODE, TO ESTABLISH PROVISIONS	3
REGARDING CERTAIN LIMITATIONS ON SCHOLARSHIPS; AND DECLARING AN EMER-	4
GENCY AND PROVIDING AN EFFECTIVE DATE.	5
Be It Enacted by the Legislature of the State of Idaho:	6
SECTION 1. That Chapter 37, Title 33, Idaho Code, be, and the same is	7
hereby amended by the addition thereto of a NEW SECTION, to be known and des-	8
ignated as Section 33-3717D, Idaho Code, and to read as follows:	9
33-3717D. LIMITATIONS ON SCHOLARSHIPS. (1) For purposes of this sec-	10
tion:	11
(a) "Idaho resident" means a person who qualifies for Idaho residency	12
pursuant to section 33-3717B, Idaho Code.	13
(b) "Intercollegiate athletics" means organized athletic competition	14
between persons or teams representing institutions of higher educa-	15
tion.	16
(c) "Scholarship" means any form of financial aid awarded by a public	17
institution of higher education to a student.	18
(d) "Student athlete" means a student who is enrolled in a public insti-	19
tution of higher education who participates in intercollegiate athlet-	20
ics.	21
(e) "United States resident" means a person who:	22
(i) Is lawfully present in the United States; and	23
(ii) Has maintained, or whose parent or legal guardian has main-	24
tained, a domicile in the United States for at least twelve (12)	25
months preceding the opening day of the term for which the student	26
matriculates. For purposes of this subparagraph, "domicile" has	27
the same meaning as provided in section 33-3717B, Idaho Code.	28
(2) The state board of education shall promulgate rules, subject to	29
legislative approval, establishing a preference for Idaho residents for	30
scholarships awarded to student athletes by public institutions of higher	31
education in Idaho.	32
(3) No public institution of higher education in Idaho shall, in a given	33
academic year, award scholarships to more than ten percent (10%) of the total	34
number of all sports roster positions to student athletes who are not United	35
States residents.	36
(4) No more than fifty percent (50%) of the members of an intercolle-	37
giate athletic team representing a public institution of higher education in	38
Idaho shall be student athletes who are not United States residents who are	39
recipients of scholarships.	40
(5) Scholarships awarded prior to July 1, 2026, to student athletes who	41
are not United States residents shall not be invalidated by the provisions	42

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of this section. Such student athletes shall not count toward the ten per-	1
cent (10%) cap provided in subsection (3) of this section or the fifty per-	2
cent (50%) cap provided in subsection (4) of this section for a period not	3
to exceed four (4) full-time consecutive academic years, including those al-	4
ready completed or in progress.	5
(6) The state board of education shall promulgate rules, subject to	6
legislative approval, to implement the provisions of this section. Such	7
rules shall include rules to monitor compliance with this section.	8
(7) By December 1 of each year, the state board of education shall re-	9
port to the legislature on compliance with this section and shall include in	10
such report:	11
(a) The total number of scholarships awarded by each public institution	12
of higher education to student athletes who are Idaho residents;	13
(b) The total number of scholarships awarded by each public institution	14
of higher education to student athletes who are United States residents	15
but who are not Idaho residents; and	16
(c) The total number of scholarships awarded by each public institution	17
of higher education to student athletes who are not United States resi-	18
dents.	19
SECTION 2. An emergency existing therefor, which emergency is hereby	20
declared to exist, this act shall be in full force and effect on and after	21
July 1, 2026.	22

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