Idaho Bills
632 bills · 2016 Regular Session
Amends existing law to provide for an income tax credit for a certain charitable contribution.
Thislegislationaddstheopportunityscholarshipprogramtothoseentitiesqualifyingforanincome tax credit as identified in Section 63-3029A, Idaho Code. This corrects an apparent oversight that occurred when the opportunity scholarship program was created.
Susan Chew · HD-017B
Amends and adds to existing law to provide that specified law shall not apply to prospecting and small-scale dredge mining, to prohibit regulations, restrictions, limitations or prohibitions regarding prospecting and small-scale dredge mining and to provide exceptions.
This bill recognizes the de minimus nature of suction dredge mining and tries to free this important small business vocation from unreasonable regulation. This bill further clarifies that the State of Idaho finds that a "bright line" threshold of "addition of pollutants" is not met by activities that transfer water and aggregate within the same body of water. This bill recognizes the existence of Federal Mining Claims under the 1872 Mining Act and amendments as being Congressionally granted rights to real property in every sense of the word. We recognize that environmental laws have been effective statewide and no unnecessary burdens are warranted on the suction dredge mining community for undocumented harm to aquatic habitat and assumed harm to free swimming fish. Therefore, for this bill being necessary for the promotion of small business as evidenced in the words reiterated in the Organic Administration Act of 1897; "citizens are entitled to enter public lands for the purpose of prospecting and removing mineral deposits . . . " without material interference.
Amends existing law regarding applications for permits or certain authorizations to drill or treat wells; to provide that the Department of Lands shall have specified responsibilities associated with spacing units and unit operations; to revise provisions regarding the integration of tracts and integration orders and to provide for the confidentiality of certain information; and to revise and to set forth provisions and procedures associated with rulemaking, complaints, application for orders, petitions, orders and appeals.
This bill streamlines the administrative permitting process for the oil and gas industry, providing certainty and clarity for developers, state agencies and members of the public who own mineral interests. Currently, a single oil and gas application in Idaho can take over 400 days to process. That same type of application would be considered and processed in 45 to 60 days in other states. The bill seeks to address that problem by clarifying the permitting process for drilling permits. The bill also brings Idaho's administrative processes into alignment with other producing states by creating a predictable decision-making framework, by setting clear timelines and by clarifying expectations for applications before the Oil and Gas Commission.
50 – 19
Stating findings of the Legislature and requesting a report on the strategic plan for improving behavioral health treatment from the Department of Health and Welfare.
In January of 2016, the Office of Performance Evaluation released a report on the Medicaid Managed Behavioral Health program through Optum Idaho. One of the recommendations was to communicate better about the overall behavioral health plan and communicate progress in improving mental health in Idaho. This resolution requires the Department of Health & Welfare to report to the House and Senate germane committees on the status of the mental health and behavioral health transformational plan activities, including measures of the effectiveness of behavioral health system here in Idaho.
Amends existing law to appropriate one-quarter of the insurance premium tax exceeding $45 million to the Individual High Risk Reinsurance Pool.
This bill corrects an inadvertent error in Senate Bill 1014 (2013 Session Laws, Chapter 90) which eliminated a long time funding source to the Idaho Individual High Risk Reinsurance Pool established in Chapter 55, title 41, Idaho Code. Since 2000, Idaho Code § 41-406(d) has provided that one fourth of the insurance premium tax, to the extent it exceeded $45 million, was appropriated to that High Risk Reinsurance Pool. Section 2 of Senate Bill 1014 eliminated that funding effective October 1, 2015, despite the fact that the bill's focus as reflected in its Title and Statement of Purpose was on three unrelated health and welfare programs: CHIP Plan B, Children's Access Card and the Small Business Health Insurance Pilot Program. The high risk pool funding mechanism was not mentioned in the Title or the Statement of Purpose. This bill reinstates the high risk pool's historical funding source and formula as it was before Senate Bill 1014 passed. This bill has a retroactive effective date to October 1, 2015, thereby correcting the error as if it had not occurred.
34 – 1
Amends and adds to existing law to require shareholder approval of corporate political contributions.
Our state can and should work to ensure that there is transparency and accountability in spending on all elections by corporations. This bill states that corporations cannot make any expenditures on political parties, campaigns or candidates without showing that there has been a prior majority affirmative vote by the shareholders authorizing political spending by management. Within 48 hours, anycorporatepoliticalexpendituresorcontributionsmustbepostedonthecompanywebsite and the corporation must give notice to each shareholder that has requested the notice by electronic transfer. And if a majority of a company's shares are owned by large institutional investors that cannot take political positions – like state and local pension funds, mutual funds, insurance companies, foundations, churches, and universities – then the corporation cannot make political expenditures or contributions.
Phylis King · HD-018B
Amends existing law to increase certain penalties for the illegal killing, possession or waste of certain game animals.
This bill amends section 36-1404 to increase the reimbursable damage penalties assessed by magistrates to any person guilty of the illegal killing, illegal possession, or illegal waste of certain species of big game as a further deterrent to these illegal actions. The increases are based upon the CPI from the last time these fines were changed.
Amends existing law to grant certain authority to the director of the Department of Health and Welfare.
The purpose of this Bill is to clarify that Health and Welfare's Mission includes services for the prevention of suicide.
64 – 0
Repeals existing law relating to the Idaho Women's Commission in the Office of the Governor.
This bill would repeal the state Women's Commission, which last received funding in FY 2009. The Women's Commission began in 1965 as the Governor's Commission on the Status of Women. It ceased operations June 30, 2009.
Amends existing law to provide that any person 21 or older may carry concealed weapons without a license subject to certain conditions, to provide that a person qualified to carry concealed weapons may apply for an optional license, to provide a penalty and to remove reference to a temporary emergency license.
ThislegislationwouldmakeIdahoapermitlesscarrystate. Currently, permitlesscarryappliestoall areas outside of city limits. This legislation specifies who may carry a concealed weapon without a permit. The bill also adds an age restriction for permitless carry to those 21 years or older. The concealed carry permitting statutes will remain unchanged for reciprocity reasons.
Heather Scott · HD-002A
Adds to existing law to provide an exemption from the sales and use tax on certain materials used in connection with a public highway or street.
This legislation exempts road materials used to construct, improve and maintain our public roads from the sales/use tax. Currently, the fiction that the contractor is the end user of the materials is used to tax such materials even if they are provided by the State of Idaho or its subdivisions (ITD, Counties, Highway Districts and Cities) that have the responsibility to build and maintain our public roads. The result is higher cost for our road projects and a transfer of the money to the general fund.
Amends existing law to provide that the value of property to be taken in an eminent domain proceeding shall not include certain increases or decreases in value.
The purpose of this legislation is to provide that in the case of a court proceeding to assess whether a property is to be condemned, the value of the property may not include an increase or decrease in the value based upon a proposed use of the property to be condemned, and to provide a correct code reference.
Appropriates $12,707,600 to the Division of Building Safety for fiscal year 2017; and limits the number of authorized full-time equivalent positions to 126.
This is the FY 2017 appropriation to the Division of Building Safety in the amount of $12,707,600 with full-time equivalent positions capped at 126. This budget includes funding for benefit cost increases, statewide cost allocation, a 3% CEC, and the 27th pay period. The 3% CEC is a merit-based increase in employee compensation for permanent employees to be distributed at the discretion of each director. The budget also includes $18,600 for contract inflation for rent. Additionally, this bill includes funding for replacement items which include computers, monitors, printers, and ten vehicles. Finally, this budget includes 4 line items. Line item 1 restores 4 FTP and provides appropriation to purchase equipment for the new employees. Salaries and benefits will be paid with existing resources. Line item 2 provides an additional FTP and $1,100 to purchase office equipment. Again, salary and benefits will be paid with existing resources. Line item 3 will provide for workstation cubicles and tenant improvements. Line item 4 provides for new equipment including offsite storage for database equipment, VOIP telephones, network switches and additional software. Overall, this budget is a 11.6% increase over the FY 2016 original appropriation.
55 – 13
Repeals and adds to existing law to provide for changing or selecting party affiliation for a primary election.
This legislation addresses election procedures for primary elections. The legislation enables all votersto, onthedayoftheelectionbutpriortovoting, declareorchangeapoliticalpartyaffiliation.
Maryanne Jordan · SD-017
Amends existing law to require a certain permit to sell or distribute electronic cigarettes and to require a sign.
Electronic cigarettes (e-cigarettes) are growing in use in Idaho. These are devices (defined in 39-5702) that aerosolize nicotine (and other substances) into a vapor that is inhaled. While not usually having the particulate problems of burning tobacco, they do have the same addictive potential and many of the same health consequences. In addition, the liquid nicotine used in vaping is highly toxic to toddlers and infants. Here in Idaho we do not know who sells e-cigarettes or vaping liquid as there is no license or registration. This bill merely adds the sales and distribution of these nicotine delivery devices to the existing no-cost process run by the Department of Health and Welfare for tobacco retailers.
42 – 24
Amends existing law to establish additional provisions regarding supplemental contracts.
School districts and charter schools pay some certificated employees to work extra days, (called extended days), beyond the standard teaching contract year. Employees such as school counselors, speech language pathologists, school psychologists, PTE instructors, IT personnel, school nurses or others may work anywhere from 1 to 60 days beyond the end of the standard teaching contract year. School districts and charter schools are required to issue contracts to all certificated employees using a state-approved contract which does not allow districts to differentiate between the standard teaching contract and extended days. The inclusion of extended days on a standard teaching contract creates a property right for these certificated employees, and removes any flexibility in amending the designation of extended days by the local board of trustees, which may create an unintended financial burden on a district's budget. This legislation would allow school districts and charter schools to issue separate contracts for those extended days.
Amends existing law to revise provisions regarding allowable lengths of certain vehicles, overhangs and extensions of loads.
This legislation implements Section 5520 of the 2016 Fixing America's Surface Transportation (FAST) Act, which modifies 49 U.S.C. §31111(b)(1). The modifications provide legal authority for the State of Idaho to allow a stinger-steered automobile transporter a vehicle length limitation of eighty (80) feet; as well as impose a front overhang of less than four (4) feet and a rear overhang of less than six (6) feet. Currently, Idaho Code §49-1010 allows a stinger-steered automobile transporter a vehicle length limitation of seventy-five (75) feet and a combined front and rear overhang of seven (7) feet.
65 – 0
Amends existing law to require the annual issuance of certain Governor's Wildlife Partnership Tags.
This bill provides that the Idaho Fish & Game Commission enact Idaho Code 36-408, the Governor's Tag Program. This will provide the Idaho Department of Fish & Game an increased revenue stream. Revenue will be appropriated to the Access Yes! Program which is a collaborative effort to increase hunter access across private property. Revenue increases will be used for wildlife habitat projects and wildlife management projects to increase the quantity and quality of big game herds. The legislation authorizes the Commission to designate one moose, and three elk, deer and antelope tags respectively, and it will designate one wild sheep and one mountain goat tag per year. Tags would be taken from the nonresident tag pool thereby not diminishing resident hunting opportunity.
Adds to existing law to establish provisions regarding the STEM Action Center Board's meetings, honorarium and expenses, and organization.
The legislation would provide reimbursement upon request for travel and necessary expenses for members of the Idaho STEM Action Center board to attend meetings of the board.
70 – 0
Amends existing law to clarify that the Department of Administration shall offer a health savings account program and to provide that state employers shall deposit a certain amount into a health savings account.
This legislation requires the state to offer state employees a health benefit plan that utilizes Health Savings Accounts (HSA) paired with high-deductible health plans. An HSA is a tax-free financial account that is designed to allow state employees to set aside money for current and future medical expenses. This legislation further requires that the employer cost of the HSA-compatible health plan does not exceed the average per person employer cost of traditional insurance plans that the state is currently offering. HSA's, paired with high-deductibe health plans, can create a win-win situation for taxpayers and public employees. The plans provide state employees more savings, choice and control over their health care needs and expenses, while offering an opportunity for the State to reduce its health insurance costs for state employees.
Proposing an amendment to Section 7, Article IX, of the Constitution of the State of Idaho, relating to the State Board of Land Commissioners to remove the Attorney General and add the State Treasurer to the board.
A joint resolution that amends Section 7, Article IX of the Idaho Constitution relating to the State Board of Land Commissioners, that removes the Attorney General and adds the State Treasurer. New sections are added to address the question to be submitted to the electors at the next general election, authorization for the Legislative Council to prepare the statements required by Section 67-453, Idaho Code, and direction for the Secretary of State to publish the proposed constitutional amendment and arguments as required by law.
Stating findings of the Legislature and honoring Boise author Anthony Doerr for winning the Pulitzer Prize for Fiction and commending his contributions to the literary world.
In April of 2015, Idaho author Anthony Doerr became the first Idaho resident to win the Pulitzer Prize for Fiction for his novel, All the Light We Cannot See. He has received numerous other honors for his works, including the 2015 Andrew Carnegie Medal for Excellence in Fiction, the 2014 Goodreads Choice Awards for Best Historical Fiction, the 2010 Story Prize and more. The legislature commends and celebrates Anthony Doerr for his remarkable achievements and for his contributions to the arts in Idaho.
Amends existing law to provide that the right to ship, transport, possess or receive a firearm shall not be restored following felony convictions for certain crimes.
The purpose of this bill is to amend the law relating to felons who may possess firearms. The current law makes it clear that the worst kind of felons (murder, rape, kidnapping, drug dealing, sex crimes) cannot possess firearms, even after they are discharged from their sentences. Missing from the list of criminal offenses in the current law are crimes that have been created since the original passage of the law, or crimes that were not originally considered but are crimes committed by organized criminals, terrorists, and criminal gang members. This bill adds these serious felonies to the current law.
31 – 4
Amends existing law to provide that the board of trustees of each school district shall adopt a certain policy and to allow certain students to possess and use certain medications and supplies.
The purpose of this legislation is to ensure that Idaho public school students with Type 1 Diabetes have the right to medical self-management of their disease on school property or at school-related activities. The legislation directs boards of trustees of each school district, including charter districts, to adopt policy permitting the self-monitoring of blood glucose levels and administration of diabetes medication at all times.
70 – 0
Amends existing law to provide that personal telephone numbers and electronic mailing addresses filed pursuant to elections or lobbyist and campaign finance laws are exempt from disclosure under the Public Records Act.
There are times when the Secretary of State or a County Clerk needs an immediate response from a political candidate, campaign treasurer or a lobbyist. The same occurs with voters who request an absentee ballot. The quickest way to contact them is generally via e-mail or calling their cellular phone, however many will not give the Secretary of State or County Clerk that information if it is a public record. This legislation protects the cell phone number and e-mail address from public disclosure for voters. The rest of the contact information- mailing address, residence address and telephone number is still available to anyone who requests it. Personal cell phone numbers of campaign treasurers, candidates, and lobbyists will also be protected if a home telephone number and business number are listed on forms filed pursuant to Chapter 66, Title 67, Idaho Code.