Idaho Bills
615 bills · 2017 Regular Session
Stating findings of the Legislature, declaring June as Post-Traumatic Stress Injury Awareness Month, declaring June 27 as Post-Traumatic Stress Injury Awareness Day and urging the Department of Health and Welfare and the Division of Veterans Services to educate people about post-traumatic stress injury.
This concurrent resolution seeks to focus state and public attention on an affliction called Post-Traumatic Stress Injury. Some of our military veterans, and others, have been injured by Post-Traumatic Stress, and this concurrent resolution makes the statement they should be recognized as having this injury and treated with honor and respect. The resolution advocates the use of the word "injury" versus "disorder" when describing this affliction. This change in terminology will help to spare those suffering this condition the stigma commonly associated with a psychological disorder. This concurrent resolution calls for designating June as Post-Traumatic Stress Injury Month, with June 27th being declared Post-Traumatic Stress Injury Awareness Day. The resolution respectfully asks the Department of Health and Welfare and the Division of Veterans Services to continue to educate victims and the general public as to the symptoms, causes and treatment for Post-Traumatic Stress Injury.
Amends existing law to provide a maximum speed limit for certain vehicles passing a vehicle traveling less than the speed limit on a two-lane road where the posted speed limit is 55 miles per hour or greater ,with limitations.
24 – 10
Amends existing law to provide cause for a certain penalty.
35 – 0
Amends existing law to provide for the classification and retention of law enforcement media recordings.
The current classification predicated on a system of mainly paper files as provided in Idaho Code §31-871 requires counties to retain digital files of video and audio recordings for a minimum of two years as they, by default are considered temporary records. Given the size and volume of media files, plus the hard costs of management and storage, counties are currently unable to retain digital recordings for the minimum requirement of two years. This legislation will add language to define digital recordings and set a minimum retention requirement for specified media files based upon the evidentiary value of the media. These amendments will encourage counties to invest in digital recording devices by making the retention of county law enforcement records more achievable under county budgets.
Amends existing law to provide that no student instruction in public schools shall take place on election days.
The purpose of this legislation is to ensure student safety and provide for adequate polling locations for the purpose of voting on Election Day. Increasing concerns about student safety have been raised due to having both students and voters, who would not typically be at a school, using the facility at the same time. Presently, schools are the most common polling location used in Idaho. Schools are needed in order to provide adequate and accessible polling locations within residential communities throughout the state. This legislation addresses both the need for schools to be used as polling locations and addresses the student safety concerns by removing students during voting, but still allowing the facility to be used by the school districts for other purposes. There is a delayed effective date in order to ensure adequate time to adjust school calendars and contracts to facilitate this change.
Adds to existing law to provide for the establishment and operation of a registry, to provide for prohibited communications, to provide for consent, exceptions, investigation of violation complaints, to provide for fees and for a criminal penalty, and to provide for civil actions and defenses.
The Keep IDaho Safe (KIDS) Act establishes the KIDS List, a voluntary tool for parents to use to control what messages their children receive via email and text message. If a parent signs her child up for KIDS List, marketers will be prohibited from sending messages promoting age-restricted materials and services - like pornography and gambling - to the child's registered email address and/or phone number.
Amends existing law to define “owner-builder”; to provide exemptions for owner-builders; and to provide for additional disclosure information.
The proposed legislation modifies title 39 by defining owner-builder and providing an owner-builder exemption to the building permit process but only to local government that choose to do so. This proposed legislation provides this option to better address local need but does not change the ability to track construction via a building site permit. Planning and zoning requirements remain; the ability to protect the aquifer and environmental concerns remain. Also remaining are: a mechanism for the Assessor to assess property values; safety as ensured by engineer certification; Idaho health district mandates; and of course, state electrical and plumbing requirements. Commercial, industrial, and other public buildings are still subject to codes, as well as residential developments. Additionally, the real estate disclosure clause provides for full disclosure. This legislation, when adopted by a local government, still ensures public safety, and could relieve backlogged staff.
Amends existing law to require accredited residential schools to make reports required by the Department of Education and to retain them under the jurisdiction of the Department of Health and Welfare.
Amend Section 39-1207, Idaho Code to update the language regarding secondary school accreditation of residential schools. Section 39-1207, Idaho Code pertains to the Child Care Licensing Reform Act. Currently Section 39-1207, Idaho Code contains technical errors regarding the process for accrediting secondary schools. Additionally, this section puts accredited residential schools under the jurisdiction of the State Board and Department of Education. The proposed amendment corrects the technical errors and treats accredited residential schools in the same manner as non-accredited residential schools, leaving them under the jurisdiction of the Department of Health and Welfare.
14 – 20
Repeals and adds to existing law to implement the Idaho Motor Vehicle Service Contract Act and the Idaho Vehicle Theft Protection Program Act.
The proposed legislation updates the Idaho Motor Vehicle Service Contract Act, which was enacted into law in 1993. The proposed legislation moves the authority to enforce the Act from the Attorney General to the Department of Insurance. In addition, the proposed legislation clarifies the definition of a service contract to expressly authorize the following types of contracts: Contracts to repair or replace tires or wheels damaged byroadhazards; contractstorepairorreplacewindshielddamagebyroadhazards; contractstoremovedents and dings in a vehicle without sanding, bonding, or repainting; and contracts to repair or replace lost, stolen, or damaged vehicle key-fobs. Moreover, the proposed legislation gives the Director of the Department of Insurance the power to approve other similar service contracts not enumerated in the Act. Finally, the proposed legislation adds a new chapter to regulate the warranties associated with theft protection products installed on vehicles, such as steering column locks, tracking devices, and vehicle etching.
32 – 38
Adds to existing law to authorize school improvement programs and school leadership improvement programs.
The proposed legislation would create two programs targeted toward school improvement in student outcomes. The first program would provide support for the lowest performing school in developing school district to school level improvement plans that include input from all levels, the local school board through to parents and the community. School districts and charter schools performing in the lowest ten percent of school may participate in this program. This formulizes a program started by the state board of education during the 2016-2017 school year through the higher education institutions. The current program is conducted in three phases over a three year program: Phase 1, collection of data, identification of schools, and development of school district improvement teams; Phase 2, needs assessment (training at all levels, class room supports, technical assistance, etc.), development of school district improvement plan with school district improvement team, initial implementation of improvement plan; Phase 3, evaluation of progress/implementation and updating (as needed) of school district improvement plan and additional professional development, technical assistance, and networking identified in Phase 2 and Phase 3 evaluation. Phase 1 is conducted during the first year, phase 2 overlaps with year 1 and year 2, and phase three is conducted in year 3. The second program is open to all administrators and expands on the work done as part of the school improvement program as well feedback received through other channels. The school leadership improvement program develop and provide training specific to school and district leadership in creating coherent and integrated programs across school, engaging parents, teachers and the community in planning efforts, evaluation of programs and staff as well as the creation of professional development that supports those teachers and staff.
Stating findings of the Legislature and recognizing and honoring Gene Harris for his lifelong achievements as a celebrated jazz musician as well as his cultural and educational contributions to the State of Idaho.
This is a concurrent resolution to honor the life and work of Gene Harris. Mr. Harris was known for his career as a jazz musician and for his devotion to fostering and sustaining music education for students in Idaho.
Amends and adds to existing law to require that when payment is made to any owner of a royalty interest, certain information shall be included on the payor”s check stub or on an attachment; to provide that royalties shall not be reduced by costs; to revise confidentiality provisions; to provide for disclosure of certain records; to provide for metering of production and for custody transfer meters; to provide for the registration of all persons engaged in meter proving or testing and to provide for qualification; to provide for the testing of meters and to provide for variances; to provide requirements regarding the commingling of production; to provide for orders regarding spacing units and to provide for temporary spacing units; to revise application for integration order provisions; to remove an exception to requirements regarding good faith efforts to inform uncommitted owners of an intent to develop mineral resources in a proposed spacing unit; to remove certain redaction and mailing requirements; and to provide for civil penalties for violation of orders.
This bill adds to and updates the current statutes regarding oil and gas to align with industry standards and increase transparency in production and development. The bill amends Chapter 3, Title 47, Idaho code, by the addition of a new section to require that when payment is made to any owner of a royalty interest, certain information shall be included on the payor's check stub or on an attachment to the form of payment and to define royalty payments; revises confidentiality provisions; clarifies metering requirements and responsibilities; defines a statewide spacing size; prohibits co-mingling of production without prior metering; revises application for integration order provisions, to remove an exception to requirements regarding good faith efforts to inform uncommitted owners of an intent to develop mineral resources in a proposed spacing unit and to revise confidentiality provisions; adds definitions and updates outdated language in the statute.
Repeals and adds to existing law to provide prohibited acts by a permittee or his agent or employee, to require supervision, and to provide exceptions, penalties and administrative action.
The purpose of this legislation is to repeal and replace Idaho Code § 23-614. It is the intent of the State of Idaho to enact this statute to ameliorate the secondary effects at or near establishments whose predominate business is selling alcohol and, as part of that business, offering entertainment by or employing individuals who appear in a state of nudity or partial nudity or who engage in actual or simulated sexual activity. The secondary effects from such establishments are detrimental to the public health and safety and welfare of Idaho citizens, and include an increase in criminal activity (including public sexual contact between entertainers and patrons, prostitution, gang activity, sex offenses, drug use, and assaults), the potential depreciation in the value of real property, and disruption of the peace and harm to the economic welfare of the community.
Amends existing law to revise a certain exemption regarding property owners.
Currently Idaho statutes (Section 54-1016) provide for property owners to do their own electrical work in their primary residence or associated outbuildings of the property without requiring the property owner to be licensed for electrical work. The current statute does not provide for property owners to do their own electrical work "on" their residence or outbuildings, however. This bill will fix the technicality and also permit homeowners to do electrical work in or on their residence, outbuildings and the land as well (for example, install a light for a flagpole or walkway).
35 – 0
Amends existing law to revise definitions; and to clarify enforcement authority for dishonesty or fraud by a licensee.
35 – 0
Amends existing law to revise provisions regarding records of commercial wildlife tanneries; and to provide for the seizure and confiscation of wildlife or portions thereof in the possession of commercial wildlife tanneries under certain conditions.
This bill provides for a definition for a "commercial wildlife tannery." It defines requirements for recording wildlife hides and skins; it provides for a shipping compliance statement for a commercial wildlife tannery; and it provides for length of time for records detention.
35 – 0
Amends existing law to provide that state institutions of higher education must procure property from an open contract except under certain circumstances.
This legislation, recommended by the State Procurement Laws Interim Committee, is intended to clarify language that was enacted last year by the State Procurement Act, HB 538. That bill enacted I.C. § 67-9225, which required state institutions of higher education to procure property from state open contracts unless the property could be procured at "equal or less expense to the institution" from a vendor who was not party to the open contract. The term "expense" caused some confusion due to the manner in which that term is typically used by procurement professionals. This legislation is intended to clear up any confusion by revising I.C. § 67-9225 and including the term "cost" in lieu of "expense."
34 – 0
Amends existing law to revise the definition of “employer.”
66 – 0
Amends existing law to change the requirement for an annual financial audit to a periodic management review.
This legislation changes the financial audit requirements of the Soil and Water Conservation Commission fromanannualindependentfinancialaudittoaperiodicmanagementreview. Thelegislativeauditorrecently completed the FY 2011 and FY 2012 financial audits for the commission. At the conclusion, the legislative auditor recommended that, retroactive to FY 2013, the commission be treated like other state agencies, and undergo a periodic management review instead.
35 – 0
Amends existing law to provide that a peace officer shall have extraterritorial authority in certain instances.
The purpose of this legislation is to amend the law relating to the jurisdiction of peace officers as it pertains to conducting investigations. The current code allows for limited authority outside an officer's original jurisdiction but does not allow detectives to interview suspects, victims, or witnesses, or gather evidence outside their political jurisdiction within the state of Idaho. The intent of this amendment is not to allow or encourage regular enforcement efforts outside a peace officer's original jurisdiction, but simply provides for greater public safety by adding the ability for officers to conduct follow-up investigation, such as interviews and evidence gathering, on crimes that were committed within their jurisdiction. This amendment provides greater protection from suppression hearings and liability issues while improving overall public safety by removing an administrative hindrance to conducting proper criminal investigations.
Amends existing law to authorize a pilot project wherein children under age 5 who are high-ability learners may begin school at an earlier age.
The purpose of this legislation is to create a pilot project to allow children with highly advanced abilities, as determined by local school districts and test scores, to start kindergarten or first grade at a younger age than previously defined by Idaho Code Section 33-201. This would ensure students are challenged and learning at an appropriate level for their abilities.
Adds to existing law to provide for coverage for the cost of telehealth services.
The purpose of this legislation is to bolster the success of Idaho's Telehealth Access Act which can be found in Idaho Code § 54-5701 through § 54-5713. This legislation, if enacted, would allow for costs of telehealth services to be covered in the same manner and to the same extent as if the services were delivered in person. Further, it is the purpose of this legislation to aid in implementation of Idaho's Telehealth Access Act by: improving timely access to consultations without long travel and loss of work time; decreasing health care fragmentation which improves patient experience; reducing cost for patients and payors through better management of chronic disease and better access; increasing patient access to providers that might be otherwise unavailable due to distance; and, improving health quality, equity, and affordability for all Idahoans.
10 – 24
Adds to existing law to provide for a certain renewal fee for veterinary licenses for a specified period of time.
This legislation will address a financial crisis facing the Board of Veterinary Medicine. To avoid an imminent deficient spending situation and meet anticipated operating, personnel and capital expenditures, including providing revenue to assist in the purchase of a modern, functional, user-friendly web-based licensing software program, this legislation would impose a separate statutory increase for veterinarian license renewal fees for renewal years 2017, 2018 and 2019 only and include a "sunset" provision.
Amends existing law to provide that certain persons shall be members; to clarify that a commissioner appointed by the Governor shall have a certain term of office and to clarify per diem payments to life member commissioners.
This proposed legislation amends the law relating to commissioners on uniform laws by providing that any commissioner that has previously served on the commission on uniform state laws as a member of the commission and has been elected a life member of the national conference of commissioners on uniform state laws shall be a member of the commission and that any commissioner appointed by the governor shall hold office for a term of four (4) years.
34 – 0
Amends existing law to extend a sunset date on the use of certain criteria regarding timber productivity valuation and forest management cost allowances.
34 – 0