Idaho Bills

Repeals and adds to existing law to revise violation and penalty provisions; to provide that moneys in the Motorbike Recreation Account may be used for securing use licenses and recreation easements; and to provide for the enforcement of certain rules.

Amends existing law to revise definitions and provisions regarding the applicability of certain law.

Amends existing law to require notice and a public hearing prior to a taxing district budgeting a forgone increase.

The purpose of this legislation is to require non-school taxing districts that elect to take a foregone property tax increase to hold a hearing in conjunction with their annual budget hearing. These districts will certify by resolution their (1) intent to take a foregone property tax increase, (2) the amountoftheforegonepropertytaxincreasetobetakenand(3)thepurposeforwhichtheforegone property tax increase is being budgeted.

Adds to existing law to implement the Right to Try Act regarding investigational drugs, biological products and devices for patients with terminal illnesses.

Amends existing law to revise qualifications for various licensure boards so that all members serve at the pleasure of the Governor and each board has at least one consumer member.

Adds to existing law to provide that a pharmacist who dispenses a biological product shall communicate certain information to the prescriber.

The purpose of this legislation is to allow for communication to a prescriber in the event a pharmacist makes a substitution of a biosimilar medication. The legislation allows for a ten-year sunset provision.

Amends existing law to revise provisions regarding the base tax rate; and to revise the formula and maximum weeks of benefit entitlement.

Amends existing law to provide additional requirements regarding certain schools and colleges.

Adds to existing law to provide for reports by certain state entities, with exceptions, to the Secretary of State under the state sunshine law.

Amends existing law to provide that certain services will be reimbursed at 91% of the current Medicare rate.

This legislation provides a technical correction to legislation signed into law during the 2015 Session (H298). The statutory change created a reimbursement methodology for services provided to an adolescent by a private, freestanding mental health facility. The reimbursement methodology is being clarified to reflect the intent of the original legislation. This is necessary for the correct reimbursement to be made.

Amends existing law to revise the definition of "trustee."

This proposed legislation amends I.C. 45-1502 by adding clarifying language to the definition of "Trustee". The proposed legislation aims to (1) close the gap and resolve any conflicts between the trust deed statutes and the mechanics' lien statutes by clarifying that a trustee under a deed of trust is not the "owner or reputed owner" of the property subject to the deed of trust, and (2) resolve the title industry's remaining concerns about the scope of title held by the trustee by codifying the limited conveyance of title to the trustee.

Adds to existing law to provide that listed submersible well pumps are approved for use in lakes, rivers, ponds and streams, to provide that certain regulations shall not apply and to provide that the Division of Building Safety shall promulgate rules.

Submersible well pumps have historically been permitted to be used in Idaho's lakes, rivers, ponds and streams. Recently it was discovered that the use of such pumps is not adequately covered by the National Electric Code, which is adopted as Idaho's electrical code by the Division of Building Safety. Only as they apply to submersible well pumps, this legislation removes three sections of the electrical code from Idaho's adoption of the code and directs the Division of Building Safety to create rules governing the use, inspection and safety of the pumps. This legislation has a sunset date of two years to allow industry and regulators a chance to work collaboratively on a solution.

Appropriates an additional $1,000,000 to the State Board of Education's Special Programs for the Scholarships and Grants Program for fiscal year 2017.

Appropriates an additional $5,000,000 to the Department of Lands for fiscal year 2017; provides fiscal year 2016 reappropriation for the Forest Legacy Program; appropriates an additional $2,000,000 to the Department of Fish and Game for fiscal year 2017; and provides legislative intent.

The Forest Legacy Program (FLP) is a federal program that supports state efforts to protect environmentally sensitive forests through the use of conservation easements. This bill provides the appropriation to the Department of Lands and the Department of Fish and Game to purchase the Clagstone Meadows conservation easement in Bonner County. The Clagstone Meadows Forest Legacy project is composed of over 13,000 acres of contiguous private forest land. The landowner, Stimson Lumber Company, wishes to sell the development rights, valued at $12.6 million, to keep the land in timber production in perpetuity. This transaction willhelpprotecttheregion'sdrinkingwater; protectwetlands; maintainhabitatforelk,deer,moose, bear, forestgrouse, waterfowlandavarietyofnativespecies; retainlocaltimberjobs; andallowfor non-motorized public access to private property. The landowner will donate 25% of the value or $3.125 million, the USDA awarded $5.5 million through the Idaho Department of Lands, the Trust for Public Lands will raise $2 million, and the Idaho Department of Fish and Game will contribute $2 million to complete the transaction. IDFG's portion is from federal Pittman Robertson moneys generated from the sale or exchange of other properties and unobligated moneys. Legislative Intent is included regarding the purpose of the appropriation, regarding public access, and regarding property tax valuation. In summary: 1) The landowner commits to a non-development strategy and provides perpetual public access easements to be held by the state of Idaho. 2) The landowner will retain ownership of the property and will continue to manage the timber resources into perpetuity. 3) The landowner will cooperate with the Idaho Department of Fish and Game on management actions and for public accessforrecreationandhunting. 4)Thelandownerisfreetoselltheproperty, butnottosubdivide or construct residences, and the easement will carry forward to subsequent landowners.

Appropriates $17,154,500 to Special Programs under the State Board of Education for fiscal year 2017; limits the number of authorized full-time equivalent positions to 42.13; provides for the transfer of any unexpended and unencumbered General Fund moneys to the Opportunity Scholarship Program Account at the end of fiscal year 2016; and provides legislative intent on the level of services by the Geological Survey Program in eastern Idaho.

Amends existing law to define "powdered alcohol," to prohibit the possession, sale, purchase and use of powdered alcohol, to revise criminal penalties and to provide for the revocation of liquor licenses held by violators.

Appropriates $104,070,300 to the Department of Fish and Game for fiscal year 2017; and limits the number of authorized full-time equivalent positions to 558.

Appropriates an additional $55,839,00 to the Idaho Transportation Department for fiscal year 2016; appropriates $655,885,100 for fiscal year 2017; limits the number of authorized full-time equivalent positions to 1,678; expresses legislative intent for continuously appropriated funds; authorizes the transfer of moneys to the Tourism and Promotion Fund; provides reappropriation authority for dedicated funds; provides reappropriation authority for airport development grants; authorizes a transfer of funds for debt service; provides a cash transfer to the GARVEE Debt Service Fund; and provides a cash transfer to the Local Highway Trust Fund.

This is the FY 2017 appropriation to the Idaho Transportation Department for $354,476,100 in dedicated funds and $301,409,000 in federal funds for a total of $655,885,100. It also includes supplemental appropriations for FY 2016 in the amount of $55,839,000. The FY 2017 budget includes a full-time equivalent position cap of 1,678. This bill includes $1,770,200 for an increased cost of benefits, $285,300 for inflation, $26,100,000 for replacement items, $787,200 for statewide cost allocation, $8,361,100 for the annualization of the funds raised in H312, $3,132,300 for an ongoing 3% merit-based increase in employee compensation for permanent employees, and $3,640,000 for the 27th payroll. This bill funds also funds 12 line items: 1. $28,637,400 in increased funding over FY 2016 for the roads. Funding comes from revenues accumulating in excess of forecast and other sources. 2. $327,400 to purchase highway operations equipment. 3. $8,000 for seven computer workstations and one touchscreen testing workstation for the county DMV offices. 4. through 8. A total of $1,364,900 for IT-related licenses, equipment, and software to enhance security and storage of the department's data. 9. A fund shift of $1,611,200 from the federal State Highway Fund to the dedicated State Highway Fund in capital outlay to align the department's FY 2017 appropriation to the projected level of funding available to the division by fund source. 10. A fund shift of $1,488,100 from the dedicated State Highway Fund to the federal State Highway Fund in order to properly align appropriation to the projected level of federally reimbursed personnel costs in FY 2017 and forward. 11. and 12. A total of $6,814,800 in dedicated and federal fund appropriations related to the new federal transportation authorization entitled the Fixing America's Surface Transportation (FAST) Act. The Act reauthorizes U.S. Department of Transportation programs and provides increased federal funding for highway transportation and

Appropriates $2,160,500 to the Executive Office of the Governor for fiscal year 2017; limits the number of authorized full-time equivalent positions to 22; and exempts appropriation object and program transfer limitations.

This is the FY 2017 appropriation to the Executive Office of the Governor. The Office received an additional $22,700 for increased employer costs of benefits, an increase of $1,700 for statewide cost allocation, and $45,800 for an ongoing 3% merit-based increase in employee compensation for permanent employees to be distributed at the discretion of the agency head. Also included is $1,700 for the elected officials pay increase effective in January 2017, and $56,600 for the 27th Payroll. The Governor's Office appropriation for FY 2017 is an increase of 6.3% from the General Fund, has 22 authorized FTP, and includes lump sum authority.

Amends existing law to provide that guaranteed bonds that are advance refunded and bond proceeds held in escrow no longer have the benefit of a guaranty.

The purpose of this code change is to clarify that defeased bonds or advance refunded bonds no longer have the State credit enhancement guarantee, as they would have the security of the escrow. This clarification helps define the liability that the State reports under the program and is important for capacity calculations.

Adds to existing law to prohibit certain acts regarding agricultural facilities and operations, to provide for violations and penalties, and to clarify that specified provisions shall not be construed to limit a court's power to order restitution or to limit civil actions and remedies.

This bill adds a new section to Chapter 70, Title 18, Idaho Code which addresses breaches of biosecurity on agricultural facilities or operations in Idaho and sets fines and penalties.