Idaho Bills
632 bills · 2016 Regular Session
Adds to existing law to create the Health Grant Program for the Medically Underserved.
This proposal establishes a two year cooperative grant program through the Department of Health and Welfare to the Community Health Center Network of Idaho. The purpose of the grant program is 1) to collect demographic and health data on the Idaho gap population (persons under 100% of the federal poverty guidelines), and 2) to provide outreach to and augmentation of primary health care services to the gap population provided through federally qualified health centers throughout the state. The data and augmented service will provide a bridge to recommendations expected to be made by a legislative interim committee to be established to study and make recommendations regarding long term provision of health care to the gap population. ThisprovidesdirectiontotheDirectorofHealthandWelfaretoworkthroughthewaiverapplication process of the medicaid system and to establish a legislative interim committee that will ensure negotiations stay within the sideboards set in the bill's language. It is expected that the result of the application will then be available for the 1st Regular Session of the 64th Idaho Legislature for consideration. The application will be focused on those Idahoans who currently fall within the health care gap; those persons under 100% of the federal poverty guidelines.
27 – 8
Appropriates an additional $80,000 to the Board of Dentistry for fiscal year 2016; appropriates an additional $21,100 to the Board of Pharmacy for fiscal year 2016; and authorizes an additional position to the Board of Pharmacy.
This is a fiscal year 2016 supplemental appropriation for the Board of Pharmacy and the Board of Dentistry. Board of Dentistry: This bill provides an additional $80,000 one-time for the procurement of a new licensing system. The current system is contractually set to expire in September 2016. This supplemental appropriation will allow the board to purchase and test a new system before the completion of the current fiscal year. Board of Pharmacy: The bill provides an additional 1.00 FTP, $15,900 of ongoing personnel costs, and $5,200 of one-time capital outlay funding. This supplemental appropriation will be used to recruit and hire an IT systems integration analyst, and purchase equipment and office furniture for the new position. This position will need to understand, and be able to translate the needs of the board into a new licensing system and assist with other IT programs. Of the total appropriation, $15,900 and 1.00 FTP are ongoing, and $85,200 is one-time for fiscal year 2016.
53 – 15
Stating findings of the Legislature and opposing any proposals that bar Idaho hunters, anglers and trappers from accessing state endowment trust land on the basis of exclusivity and encouraging the State Board of Land Commissioners to preserve and promote reasonable and equitable access to state endowment trust land for the benefit of all Idahoans.
This Resolution recognizes the importance of hunting, fishing and trapping to Idaho's western heritage. It also resolves that the Idaho Legislature opposes any proposals that bar Idaho hunters, anglers and trappers from accessing state endowment trust land on the basis of exclusivity. Additionally, it encourages the State Board of Land Commissioners to preserve and promote responsible and equitable access to state endowment trust land for the benefit of all Idahoans.
68 – 0
Amends existing law to provide an exception regarding fees for electric vehicles and to remove fee provisions regarding hybrid vehicles.
This legislation eliminates the additional fee imposed on Hybrid and Neighborhood Electric Vehicles (NEFs) when registering the vehicle in Idaho.
27 – 7
Amends existing law to revise provisions regarding the calculation for the Educational Support Program.
This bill clarifies the distribution of funding for college and career advising to school districts and public charter schools. The legislation specifies that funding will be distributed in full, or pro rata, based on secondary support units used to calculate the February 15 payment of state funds, based on 33-1009, Idaho Code. The legislation provides funding for districts and charter schools which serve all grades 8-12.
Stating findings of the Legislature and designating Idaho as a Purple Heart state and permanently setting August 7 as Purple Heart Day.
This resolution recognizes and honors the service and sacrifices of Idaho's men and women in uniform, wounded or killed by the enemy while serving to protect the freedom enjoyed by all Americans. The resolution designates the State of Idaho as a Purple Heart State and permanently sets the date of August 7th as Purple Heart Day for the State of Idaho.
Amends and adds to existing law to provide for community college trustee zones and related provisions; to revise provisions regarding the addition of territory to community college districts; to revise provisions regarding trustees of Community College Districts; and to revise provisions regarding an appeal from an order of the State Board of Education.
Differentcommunitieshavedifferenttechnical,academic,andprofessionaldevelopmentneeds;our community college system should reflect this diversity. To that end, the purpose of this legislation is to ensure representation that is distributed evenly throughout a community college district. The bill utilizes the same processes for zoning and rezoning within the district that Idaho Code already requiresofschooldistricts. Additionally,intheeventacommunitycollegeseekstoexpand,thisbill appends the existing process of seeking State Board of Education approval by adding the rezoning plan to the request for approval.
55 – 15
Adds to existing law to provide that the Idaho State Police Forensic Services Laboratory shall test sexual assault evidence kits, to provide duties for health care facilities and local law enforcement, to provide procedures for testing kits, to provide for retention of kits, to provide for independent review of kits in certain instances, to provide for rules for a tracking process of kits, to provide that Idaho State Police Forensic Services shall provide kits to certain parties, to provide reporting and auditing requirements for untested kits, to provide for victim notification and to provide for reporting requirements.
The purpose of this legislation is to create and codify systems used by law enforcement, health care facilities, and the Idaho State Police (ISP) Forensics Laboratory in the processing of sexual assault evidence kits in the State of Idaho. It also creates a system of tracking and reporting to require an annual audit and report about the collection of evidence and testing given to the Idaho State Legislature on an annual basis. Currently there are no statutes that address sexual assault kit evidence collection in our state. This legislation would provide a consistent process to better support victims, law enforcement, health care facilities, and the forensics laboratory.
Appropriates an additional $3,500,000 from the Federal Grant Fund to the Military Division for the Federal/State Agreements Program for fiscal year 2016; appropriates $69,685,700 to the Military Division for fiscal year 2017; limits the number of authorized full-time equivalent positions to 319.8; and grants a continuous appropriation for the Bureau of Homeland Security's Miscellaneous Revenue Fund for the purpose of covering incurred costs arising out of hazardous substance incidents.
Appropriates an additional $3,500,000 from the Federal Grant Fund to the Military Division for the Federal/State Agreements Program for fiscal year 2016; appropriates $69,685,700 to the Military Division for fiscal year 2017; limits the number of authorized full-time equivalent positions to 319.8; and grants a continuous appropriation for the Bureau of Homeland Security's Miscellaneous Revenue Fund for the purpose of covering incurred costs arising out of hazardous substance incidents.
66 – 3
Adds to existing law to establish the Local Innovation School Act and to provide eligibility requirements, exemptions and school agreements.
Thisbillwouldempowerschoolstoevaluateexistinglawsandrules,andrequestwaiversthatwould allowthemtorespondininnovativewaystolocalneedsthroughthecreationofuptotenInnovation Schools around the state each year for five years. Teachers, principals, superintendents and school boards will have the opportunity to receive waivers in exchange for clearly demonstrating student outcomes and meeting well-defined goals.
Adds to existing law to establish the STEM Education Fund and related provisions.
The legislation creates the STEM Education Fund to support the initiatives and work of the Idaho STEM Action Center. The STEM Action Center was created to drive student experience, engagement, industry alignment, and provide Idaho students with competitive employment opportunities in science, technology, engineering and mathematics.
64 – 4
Appropriates $5,525,300 to the Idaho Commission for Libraries for fiscal year 2017; and limits the number of authorized full-time equivalent positions to 37.5.
This bill is the FY 2017 appropriation to the Idaho Commission for Libraries for $3,822,300 from the General Fund, $70,000 in dedicated funds, and $1,633,000 in federal funds with full-time equivalent positions capped at 37.50. It includes $39,300 in benefit cost increases, $12,800 for inflation, $113,200 for replacement items, a reduction of $2,000 for statewide cost allocation, $62,400 for an ongoing 3% merit-based increase in employee compensation for permanent employees to be distributed at the discretion of the State Librarian, and $77,200 for the cost of the 27th payroll that will occur in FY 2017 for all state agencies using a bi-weekly payroll. Payroll costs accrue, but are unpaid at the rate of one day per year for ten years, to be paid out in the eleventh year. This amount is calculated using FY 2016 payroll costs. The bill also includes $2,100 ongoing from the Federal Grant Fund to reclassify positions. In FY 2015, the commission initiated a review of its current positions to ensure all employees are correctly aligned in their current class. At that time, two office specialist positions were identified as performing out of class and require an upgrade. The commission has identified a shipping and receiving materials handler position as a better aligned class. Of those two positions, only one will result in an increase in salary and benefits. That increase is projected to be $1,700 in salary and $400 in benefits. The Commission's appropriation totals $5,525,300.
54 – 15
Amends existing law to provide that a guardian's authority and responsibility shall terminate upon termination of the guardianship and to revise a provision regarding the resignation of a guardian; and to provide for proceedings for the modification or termination of a guardianship.
This bill would correct an omission in the statutes relating to guardianships. Idaho Code § 15-5-212A specifically addresses the procedure for terminating the guardianship of a child who has been found to be abandoned, abused, or neglected under the Child Protective Act. However, the statutes include no reference to the termination of a guardianship for other minors. This was identified as an apparent oversight in the concurring opinion of Justice Jim Jones in Doe v. Doe, 150 Idaho 432, 247 P.3d 659 (2011). This bill would amend I.C. § 15-5-212 to provide that a person interested in the welfare of a ward, or a ward who is at least 14, may petition the court for modification or termination of the guardianship on the ground that the modification or termination would be in the best interest of the ward. This would fill a gap in the Idaho Code and provide guidance to all persons concerned in a guardianship.
67 – 0
Amends existing law to revise provisions regarding joint custody.
Idaho Code Section 32-717B governs joint custody orders in the event of separation or divorce, and grants courts the authority to award either joint physical custody or joint legal custody, or both, as between the parents. This legislation seeks to accomplish three things: (1) to clarify that the existing presumption that an award of joint custody is in the best interests of children, applies to both joint physical and joint legal custody; (2) to clarify that when a court declines to enter an order awarding both joint physical and joint legal custody, it must state the reasons in its decision; and (3) to clarify the current code definition of "joint physical custody," which is defined as an order awarding each of the parents significant periods of time in which the child resides with or is under the care and supervision of each of the parents. There is no clear statutory guidance as to what constitutes "significant periods of time." This legislation would clarify the law by defining "significant periods of time" to mean as near to equal as practicable, but does not necessarily mean the child's time with each parent should be exactly the same in length. This legislation keeps intact the court's discretion to determine the actual amount of time each parent shall have.
Appropriates $170,000 to the Office of the Lieutenant Governor for fiscal year 2017; limits the number of authorized full-time equivalent positions to 3; and authorizes lump sum spending authority.
Appropriates $170,000 to the Office of the Lieutenant Governor for fiscal year 2017; limits the number of full-time equivalent positions to three (3); and authorizes lump sum spending authority. The bill includes funding for the employer's share of increased benefit costs; changes made in the statewide cost allocation plan; adjustments made in the Lieutenant Governor's compensation, as authorized in Chapter 356, Laws of 2014; an ongoing 3% merit-based increase in employee compensation for permanent employees to be distributed at the discretion of agency heads; and the 27th payroll.
69 – 0
Amends and adds to existing law to revise definitions; to require reporting in all state and local elections and ballot measures in this state and to provide that reports shall be made to certain persons; and to remove a certain exception regarding elections of school district trustees.
This legislation adds a new section to Chapter 66, Title 67, to increase election transparency by requiring all state and local candidates and ballot measures to report campaign finances. This bill also revises definitions, removes certain exemptions for school district trustees and includes an emergency clause.
Amends existing law to remove certain authority of a city council and a board of county commissioners regarding a proposal for the creation of a local improvement district.
Under current law, the governing body of a municipality – such as a city, county, or highway district– can create a local improvement district ("LID") within its jurisdiction (50-1703(b)) by enactingaresolution(50-1706),holdinghearings,andthenenactinganordinance(50-1710). These LIDs can construct and maintain sidewalks, roads, sewers, ditches, parks, and other infrastructure (50-1703). The creation of an LID gives the municipality a property tax levy up to .02% of the market value for assessment purposes (50-1762). In the event that 60% or more of the residents subject to the property tax assessment for the LID sign a protest, the residents can appeal the creation of the LID to the city council and the board of countycommissioners. Thisputscitycouncilsandboardofcountycommissionersinthepositionof reviewing and potentially overruling the decision of other elected officials, such as highway district commissioners. County commissioners and city councils typically do not have any authority over other taxing districts except this one part of code. To preserve the independence of the decisions of other elected governing bodies, this legislation removes the responsibility from cities and counties and places the responsibility for review of the LID back in the hands of the highway district commissioners that created the LID.
Appropriates and transfers $400,000 from the General Fund to the Wolf Control Fund for fiscal year 2017.
This is a fiscal year 2017 appropriation and transfer of $400,000 from the General Fund to the Wolf Control Fund Other Money Subaccount. Enablinglegislationpassedin2014foundthatadditionalfinancialresourcesareneededtocontinue the implementation of Idaho's Wolf management plan administered by the Department of Fish and Game. It established a five-member Wolf Depredation Control Board in the Governor's Office and created a set of new funds and subaccounts to be administered by the Department of Agriculture. The law established fees from the livestock industry, to be matched up to $110,000 per year by sportsmen, to be transferred into the Wolf Control Fund. Fish and Game authorizes control actions when wolves are causing conflicts with people, domestic animals, and significant measured deer and elk population declines. The responsibility of the Wolf Control Board is to allocate the money for control actions approved by the Idaho Fish and Game Commission. The Wolf Control Board has a cooperative services agreement and a work plan with Wildlife Services. During calendar year 2015, Wildlife Services responded to 84 livestock depredations, confirmed 59 depredations were a result of wolves, and reported that 72 wolves had been killed using funds provided by the Wolf Depredation Control Board. In February of 2016, Wildlife Services s agents killed 20 wolves consistent with the Elk Management Plan and Lolo Predation Management Plan.
57 – 13
Amends existing law regarding provisions relating to the funding of the state underground storage tank program and to provide for reporting; to remove a provision that certain training by the department shall be offered at no cost; and to revise a provision regarding fees for department inspections.
The Department of Environmental Quality's (DEQ) Underground Storage Tank (UST) Program regulates approximately 3,350 tanks at approximately 1,180 facilities throughout the state. DEQ operates this program in lieu of the Environmental Protection Agency (EPA), to the benefit of Idaho'sregulatedfacilitiesandtheenvironment. Theprogramiscurrentlyfundedbyafederalgrant and state matching funds, however, successive federal grant reductions have made it impossible to maintain the minimum program effort necessary to retain state program authorization (primacy). Furthermore, EPA recently released new UST rules that increase requirements and costs for the agency. The purpose of this legislation is to provide DEQ the authority to begin collecting tank fees to supplement the remaining federal grant dollars and state matching funds. If approved, the UST fee program will be developed through negotiated rulemaking and brought to the legislature for approval. DEQ has requested general fund appropriations to support the UST program while a fee program is developed and implemented. If the proposed fee program is not approved, ongoing general fund appropriations will be necessary to maintain program primacy.
39 – 29
Amends existing law to provide that certain persons acting as a trustee shall not require a charter.
The purpose of this legislation is to amend the Idaho Trust Institutions Act to clarify that an individual who does not engage in trust business may serve as a trustee of a trust without obtaining a state trust company charter.
67 – 0
Amends and adds to existing law to provide for the Tuition Lock Plan for undergraduate students; and to provide for the Tuition Lock Stabilization Account in the Higher Education Stabilization Fund.
The tuition lock plan offers stabilization and predictability of tuition costs according to a tuition schedule that will remain unchanged for four years for each cohort of undergraduate resident students. The plan ensures that the tuition rate first charged to a resident undergraduate student will remain constant for a period of four continuous academic years following initial enrollment, unless the student changes to a major that is charged a different tuition rate. Thelawdoesnotapplytoroomandboardnordoesitapplytomandatoryfees, programfees, and/or course-specific fees. Further, the law does not apply to graduate or professional students. Students who are guaranteed a fixed tuition rate for four continuous years include resident students who enroll first-time, full-time for the Fall 2016 term or later, or students who were previously enrolledatapublictwo-yearandaretransferringtoapublicfour-yearinstitutionasadegree-seeking student. At the end of four years, the student's tuition rate will no longer be fixed. This tuition lock plan provides not only predictability but also incentivizes timely completion. Students who do not qualify for the tuition lock include 1.) graduate students, 2.) professional students, 3.) undergraduate students whose fixed rate time period has expired, 4.) non-degree seeking students, 5.) students enrolled in cost-recovery courses and 6.) high school students who are enrolled in college courses at an Idaho public higher education institution (until such time as they earn a high school diploma and enroll as undergraduates). This legislation would require that the state appropriate funding to offset any increase in tuition at the four-year institutions over students' locked tuition rate.
Amends existing law to clarify that peace officers may issue a citation for certain persons and to provide that peace officers shall accompany a vehicle to an inspection station in certain instances; and to revise penalties.
This legislation clarifies the role of law enforcement in issuing complaints or citations relating to invasivespecies. ItamendsIdahoCode§22-1910Atostrengthenthelanguage. Peaceofficersmay make a complaint or citation as described in Idaho Code § 19-3901; this legislation changes the penalty from a misdemeanor to an infraction. Peace officers shall require drivers, upon reasonable suspicion, to stop and be inspected for infestations of quagga or zebra mussels.
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 and transfers $2,000,000 from the General Fund to the Constitutional Defense Fund in fiscal year 2016; and appropriates $971,700 from the General Fund to the Department of Administration for the Purchasing Program for fiscal year 2016.
This bill appropriates $2 million from the General Fund to the Constitutional Defense Fund in FY 2016 to support the work of the Constitutional Defense Council. The Constitutional Defense Council is made up of the Governor, Pro Tempore of the Senate, Speaker of the House of Representatives, and the Attorney General. The Constitutional Defense Fund is continuously appropriated and is managed in the House of Representatives on behalf of the Council. The current balance in the fund is $230,393.72. Since the creation of the program in 1994 the Legislature has appropriated a total of $2.5 million. This bill also appropriates $971,700 from the General Fund to the Department of Administration in FY 2016 to pay the Board of Examiner's approved legal fees and interest to Syringa Networks, LLC relating to the Idaho Education Network lawsuit. On June 30, 2015, the District Court entered a supplemental judgement awarding Syringa $930,593 in attorney's fees, accrued interest from that date through the end of April 2016 totals $39,852, and an additional $1,249 was awarded for costs by the Idaho Supreme Court.
53 – 17
Stating findings of the Legislature and rejecting a certain rule docket of the State Board of and State Department of Education regarding Rules Governing Thoroughness.
Rules of the State Board of and State Department of Education, Rules Governing Thoroughness, reject Docket Number 08-0203-1509, the entire rulemaking docket, to be, and declared null, void and of no force and effect.
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