Idaho Bills

Amends and adds to existing law to revise ballot initiative requirements.

Amends, repeals, and adds to existing law to revise provisions and procedures regarding an action for forcible entry and unlawful detainer.

This legislation seeks to clarify sections of Idaho Code that manage the relationships and actions between landlords and tenants. The bill more clearly defines processes, rights and responsibilities for landlords and tenants with respect to evictions, orders of restitution and tenant remedies for deficient conditions. The bill updates our laws to allow damages to be awarded at the same time as the order of restitution. This will streamline the process and make it easier to hold tenants accountable for default. The bill clarifies what a tenantmustdotofileanactionagainstalandlord. Itgivesatenantlanguagetousewhenenforcingastatutory remedy for landlord breach. It creates a process for tenants to notify landlords with a five (5)-day notice of failure to send security deposit and provides for damages and remedies if a landlord does not comply within the 5 days. With respect to deposits, the bill would require third-party managers to hold security deposits in trust. The bill creates a new abandoned premises definition and process, as well as an abandoned property definition and disbursement process. The bill also adds a new section to help address situations resulting from acts of domestic violence.

Amends existing law to revise the percentage and allocation of sales tax funds to transportation programs, and establishes a Bridge Maintenance and Replacement Program with a percentage of such funds.

ThisbillincreasesthedistributiontotheTransportationExpansionandCongestionMitigationprogramfrom 1% of sales tax collections to 2% of sales tax collections.

Relates to the year-end transfer authority of the Board of Examiners.

This act increases the State Board of Examiners' existing authority in Section 57-814A to transfer up to $140,629,905 from the Budget Stabilization Fund to the General Fund in fiscal year 2019 if the fiscal year 2019 General Fund revenue projection, as adopted by the Joint Finance-Appropriations Committee, is not met. This authorization is one option in addition to the Board's authority through Section 67-3512, Idaho Code, to reduce appropriations and the Governor's authority through Section 67-3512A, Idaho Code, to reduce state agency spending, to address any revenue shortfalls for the current fiscal year.

Repeals and adds to existing law to prohibit persons from operating a motor vehicle while using a mobile electronic device.

Thispurposeofthislegislationistotreattheuseofcertainwirelessdevicesbehind-the-wheelasaninfraction. The bill addresses safety concerns associated with a significant portion of distracted driving crashes. The legislation defines enforcement and retains conditions under which such communications would be allowed. This legislation also addresses the problem of having a growing patchwork of local ordinances.

Amends existing law to provide that a person convicted of the crime of sexual battery of a minor child sixteen or seventeen years of age shall not have certain rights restored under certain circumstances.

This amendment seeks to add the felony conviction for Idaho Code § 18-1508A, Sexual Battery of a Minor ChildSixteenorSeventeenYearsofAgetoIdahoCode§18-310whichlistsallfelonycrimesthatdisqualify a convicted felon from owning a firearm. Currently, I. C. § 18-1508A is not included on the list, while other similar felony crimes such as I.C. §§ 18-1506 Sexual Abuse of a Child under Sixteen, 18-1507 Sexual Exploitation of a Child, and 18-1508 Lewd Conduct with a Minor Child under Sixteen are all listed as prohibitions to possession. It appears that I.C. § 18-1508A was inadvertently left off the list of qualifying felony crimes in previous amendments that included other sexual battery felonies. Legislative research does not reveal any reason that previous sessions of the legislature would have failed to add I.C. § 18-1508A and given its serious nature, which includes registration on the Sex Offender Registry, I.C. § 18-1508A should be included among other similar codes to prevent a person with this felony conviction from possessing a firearm in Idaho.

Adds to existing law to provide restrictions regarding the use of exploding targets.

The purpose of this legislation is to change Idaho Code prohibiting exploding targets during the designated fire season. Exploding targets refers to a device designed for use as a target consisting of a substance or substances capable of exploding or igniting when struck by a projectile. The use of these devices has caused catastrophic wildfires that have endangered lives, burned hundreds of thousands of acres and cost millions of dollars. This legislation would expand Idaho Code to prohibit exploding targets on any state land, classify the crime as a misdemeanor, and reiterates a judge's discretion for sentencing terms and cost recovery for damages. This legislation does not apply to private property or any public or private shooting range that has a permit or governmental approval.

Adds to existing law to provide that law enforcement shall not engage in motorcycle profiling.

No law enforcement agent shall engage in motorcycle profiling.

Amends existing law to revise apportionment provisions regarding the Highway Distribution Account.

The purpose of this legislation is to transition Idaho State Police's funding component that they receive from gas tax to the General Fund. Currently the portion of funds the Idaho State Police receives from the gas tax can only be used for specific purposes and requires significant effort from the Idaho State Police to ensure that those funds are spent appropriately by transitioning these funds from a dedicated source to the General fund. The Idaho State Police will be unencumbered in how they choose to allocate all of their funds.

Relates to the appropriation to the Department of Administration for the Division of Public Works for fiscal year 2019.

This is an FY 2019 supplemental appropriation bill for the Department of Administration, Permanent Building Fund. It provides $10,595,800 for Capitol renovations and the relocation of the State Treasurer's Office. This supplemental appropriation provides for a cash transfer in the amount of $10,595,800 from the General Fund to the Permanent Building Fund. This bill provides $10,595,800 for three projects: $3,525,000 to acquire, remodel, or renovate reasonable office space for the State Treasurer's office and staff; $710,500 for the remodel of the north wing of the first floor of the Capitol; and $6,360,300 for the remodel of the east wing of the first floor and garden level of the Capitol.