Idaho Bills
589 bills · 2019 Regular Session
Stating findings of the Legislature and rejecting a certain rule of the Department of Fish and Game relating to Rules Governing the Importation, Possession, Release, Sale, or Salvage of Wildlife.
This Concurrent Resolution is to reject Docket No. 13-0110-1801 from the Idaho Department of Fish and Game, in its entirety.
Amends existing law to revise provisions regarding the fees a county recorder may receive.
ThisbillamendsI.C.§31-3205establishingaflatrecordingfeeforallinstruments, regardlessofpagecount. The statute was amended in 2017 with predictable fees for recording certain documents being established, and was further amended in 2018. Application of those changes revealed differences in interpretation and continued challenges in implementation. The prior and existing fee structure relying on document size or type does not reflect the costs associated with recording using modern technology. The proposed single flat recording fee, for all documents regardless of type or page count, will remove the need for interpretation, simplify the fee structure for all parties, and align the fee to better reflect the costs associated with recording and historical archiving of documents.
Stating findings of the Legislature and honoring the American Legion in its centennial year.
The American Legion is the largest Veterans' Service Organization in the United States with more than 2,000,000 members. Idaho's American Legion Posts signify our state's recognition of so many dedicated men and women who have served our country, and Idaho, so bravely. This Resolution specifically commemorates Idaho's 99 American Legion Posts and members throughout our state.
Amends existing law to revise certain fee provisions regarding ownership and transportation certificates; to revise brand inspection fees for horses, mules, and asses; and to provide for equine farm service fees.
This bill amends Idaho Code §§ 25-1122 and 25-1160 establishing increased maximum fees for ownership and transportation certifications; increased maximum brand inspection fees for, horses, mules, and asses; to provideforequinefarmservicefees; andtomaketechnicalcorrections. Section25-1122specificallysetsthe maximum amount for the ownership and transportation certificate to be $75.00. Section 25-1160 raises the cattle inspection fee from $1.19 to $1.25, and the maximum fee that can be charged to $10 for each head of horses, mules, and asses. Finally, § 25-1122 determines that the equine service fee shall not exceed $55.00.
51 – 16
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.
37 – 31
Amends existing law to revise provisions regarding the Model State Code of Military Justice.
This legislation seeks to amend and update Chapter 10, Title 46, Militia and Military Affairs, Idaho Code of Military Justice (ICMJ), to align the ICMJ with the Uniform Code of Military Justice, which was revised by the federal Military Justice Act of 2016. Generally, the revisions seek to: 1. Avoid duplication of processes and procedures where local law enforcement (LLE) can satisfy adjudication of offenses and align the ICMJ with the civilian code where practicable; 2. Establish consistency across cases to produce more uniformapplicationofthelaw; enhancecontinuityoflegalprocesseswhentransitioningfromstatetofederal status; retain uniquely military processes for uniquely military offenses; and apply these changes to Army National Guard, Air National Guard, and militia upon activation; 3. Implement key changes that include: 1) modernize the criminal code to add offenses like computer crimes, workplace retaliation, revenge porn, and credit card fraud; 2) update definitions of processes regarding courts martial panel composition; and 3) eliminate offenses where LLE would prosecute the crime: e.g., driving under the influence.
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.
33 – 35
Adds to existing law to provide a compliance date for certain rules and to provide for retroactive application of specified provisions.
Thislegislationestablishesthecompliancedateforcertainregulationsfortestingandinspectionofpetroleum underground storage tanks (USTs) incorporated by reference by the state of Idaho in IDAPA 58.01.07.004. ThisconformsIdahoregulationswithotherstatesandmaintainscomplianceofinsurancecontractsproviding for environmental clean up of UST's issued by the Petroleum Clean Water Trust Fund.
35 – 0
Relates to the appropriation to the Public Schools Educational Support Program's Division of Administrators for fiscal year 2020.
This is the FY 2020 original appropriation bill for the Division of Administrators for the Public Schools Educational Support Program. It appropriates $98,570,500 ongoing from the General Fund. This division provides funding for superintendents, assistant superintendents, principals, assistant principals, supervisors, and coordinators. This budget includes $498,400 for benefit costs, $2,829,100 for a 3% base salary increase, and $1,518,300 for nondiscretionary adjustments that include estimated enrollment growth of 254 mid-term support units and an increase for the statewide education and experience index for salary-based apportionment. All funds are ongoing from the General Fund and this appropriation results in a 5.2% increase over the previous year.
33 – 0
Relates to the appropriation to the Office of Energy and Mineral Resources for fiscal year 2020.
This is the FY 2020 original appropriation bill for the Office of Energy and Mineral Resources. It appropriates a total of $1,346,900 and caps the number of authorized full-time equivalent positions at 8.00. For benefit costs, the bill maintains the current appropriated amount for health insurance at $11,650 per eligible FTP; provides a 5.5% increase for the employer's share of PERSI contributions; and temporarily reduces the rate agencies pay the Division of Human Resources for its services. Funding for replacement items includes $4,400 for office furniture and two computers. For statewide cost allocation, $9,100 is provided. The bill also provides funding for the equivalent of a 3% change in employee compensation for permanent employees, with a minimum increase of $550 for each employee and the remaining amount to be distributed based on merit. Funding for a 3% upward shift in the compensation schedule is also included. The bill funds three line items for the Governor's technology initiatives, which provide: $600 for Network Equipment Replacement; $2,700 for Mobile Device Security; and $3,700 for Office of Information Technology Services Billings.
33 – 0
Amends existing law to establish provisions regarding underinsured motor vehicle coverage.
This proposed legislation would eliminate the problem of phantom insurance and reduced payments for benefits paid by others. The legislation provides that when a citizen purchases motor vehicle underinsurance coverage, the purchaser receives the stated benefit provided on the declarations page. This prevents an insurance company that receives a premium for underinsured coverage from taking credit for benefits paid by other insurance companies. It further limits the benefits recoverable to the purchaser's actual losses or the amount of coverage purchased, whichever is less.
Amends existing law to establish the Occupational Licensing Reform Act and to establish provisions regarding recognition of military training, expedited applications for military members and their spouses, and licensure by endorsement for military members and their spouses.
This legislation, relating to occupational licensing reform, will improve access, mobility, and portability to licensed occupations for military families and veterans by recognizing applicable military experience, expediting applications, and endorsement of current licenses held in other states, districts, or territories.
35 – 0
Amends existing law to extend the sunset date for the Strategic Initiatives Program and to extend the current version of the Budget Stabilization Fund for five years.
This legislation extends for five years the surplus eliminator that was originally created in H312aaSaaS (2015) and extended in S1206 (2017) until May 30, 2019. Consistent with the changes adopted in 2017, the funds transferred as a result of this legislation will be split equally between state savings and transportation. The Budget Stabilization Fund (BSF) would receive 50% of the funds, and the other 50% would be split between the Strategic Initiatives Program (SIP) within the Idaho Transportation Department (60%) and the local strategic initiatives fund administered by the Local Highway Technical Assistance Council (40%).
Adds to existing law to provide that law enforcement shall not engage in motorcycle profiling.
No law enforcement agent shall engage in motorcycle profiling.
17 – 18
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.
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.
Stating findings of the Legislature and rejecting a certain rule of the Industrial Commission relating to Administrative Rules of the Industrial Commission Under the Workers' Compensation Law, Security for Compensation, and Insurance Carriers.
This legislation rejects certain sections of rule of the Idaho Industrial Commission related to the Workers' Compensation Law, Security for Compensation, and Insurance Carriers in Docket No. 17-0210-1802, Section 051., Subsection 08.e.ii.
Stating findings of the Legislature and rejecting a certain rule of the Department of Environmental Quality relating to Water Quality Standards.
This bill rejects the pending rule contained in IDAPA 58.01.02 of Water Quality Standards, Section 251., Subsection 2, under Docket Number 58-0102-1802
67 – 0
Appropriates and transfers $26,800 from the General Fund to the Hazardous Substance Emergency Response Fund for fiscal year 2019.
Section39-7110, IdahoCode, authorizestheuseofdeficiencywarrantsforthecleanupofhazardousmaterial incidents throughout Idaho. The agency pays the bills and then returns to the Legislature the next legislative session for cash to reimburse the costs that have not been recovered.
65 – 0
Relates to the appropriation to the Division of Career Technical Education for fiscal year 2020.
ThisistheFY2020originalappropriationbillfortheDivisionofCareerTechnicalEducation. Itappropriates a total of $78,760,200 and does not cap the number of authorized full-time employees. For benefit costs, the bill maintains the current appropriated amount for health insurance at $11,650 per eligible FTP; provides a 5.5% increase for the employer's share of PERSI contributions; and temporarily reduces the rate agencies pay the Division of Human Resources for its services. Funding for replacement items includes $629,500 for post-secondary course equipment and office computer equipment. For statewide cost allocation, $25,500 is provided. The bill also provides funding for the equivalent of a 3% change in employee compensation for permanent employees, with a minimum increase of $550 for each employee and the remaining amount to be distributed based on merit. The bill funds seven line items, which provides: $95,000 for program alignment, $200,000fortheworkforcereadinessincentivegrant, $100,000fortheProgramQualityInitiative; $319,600 for the nuclear energy and advanced reactor manufacturing, $800,000 for the Perkins Federal Grant income, $264,800 to offset projected shortfalls in added cost funding, and $25,000 for the Idaho Quality Program Standards Incentive Grant.
35 – 0
Amends existing law to revise a provision regarding when the Supreme Court must render a decision.
This is one of a series of bills the Supreme Court has recommended in its annual report to the Governor concerning defects or omissions in the laws, as required by article V, section 25 of the Idaho Constitution. I.C. § 34-2127 currently requires the Supreme Court to render a decision in primary election contest appeals no more than ten (10) days after "the receipt of" the appeal. This timeframe does not provide adequate opportunity for briefing by the parties or the scheduling of oral argument, and it is not consistent with the trial court decision deadline (which, per I.C. § 34-2126, is not more than ten (10) days "after the hearing"). In order to bring the appeal decision deadline in accord with the trial court deadline, and thereby recognize the parties' entitlement to both adequate trial and appellate processes, I.C. § 34-2127 should be amended to allow the Supreme Court to render a decision within ten (10) days of when the case becomes at issue.
Adds to and amends existing law for the Idaho Transportation Department and local authorities to designate routes and issue permits for vehicles with gross weights between 105,501 and 129,000 pounds.
Thislegislationestablishesnewprocessesandfeesforlocalauthorities(authorities)[definedaseverycounty, highway district, municipal and other local board or body having authority over highways and streets] and the Idaho Transportation Department to designate routes and issue permits allowing vehicles with gross weights between 105,501 GVW and 129,000 GVW to access highways and streets under their jurisdiction. Section 49-1004 A provides ITD with the legal authority to designate routes and issue permits for this category of vehicles with a revised fee schedule. Section 49-1004B provides: (1) authorities with exclusive jurisdiction to designate routes and issue permits for vehicles to operate on their streets and highways with gross vehicle weights between 105,501 GVW and 129,000 pounds GVW; (2) a process for authorities to designate routes for such vehicles, including a timeframe for making such designations; (3) for the application of engineering standards for making such designations by authorities; (4) that authorities may charge technical evaluation fees not to exceed five thousand dollars ($5000) per route for the evaluation of potential routes; (5) that authorities may issue permits with conditions for access by vehicles to the selected route or routes within thirty (30) days of application for a permit; (6) that authorities must develop a written record of the reasons why they denied a permit using the engineering standards referenced above; (7) for the opportunity for an applicant to have a public meeting before an authorities' governing authority on the denial of a permit application; (8) for the establishment of a new fund in the state treasury for the payment of costs incurred by authorities in excess of five thousand dollars ($5000) for the technical analysis of the physical and safety impacts of allowing such vehicles to use the authorities' highways and streets, with such grants not exceeding five thousand dollars ($5000) and with conditions established by
33 – 0
Relates to the appropriation to the Lieutenant Governor for fiscal year 2020.
This is the FY 2020 original appropriation bill for the Lieutenant Governor. It appropriates a total of $183,900, caps the number of authorized full-time equivalent positions at 3.00, and provides exemptions from object transfer limitations. For benefit costs, the bill maintains the current appropriated amount for health insurance at $11,650 per eligible FTP; provides a 5.5% increase for the employer's share of PERSI contributions; and temporarily reducestherateagenciespaytheDivisionofHumanResourcesforitsservices. Forstatewidecostallocation, $300 is provided. An annualization in the amount of $2,500 is provided for the Lieutenant Governor's salary increase pursuant to 2018 Session Laws, Chapter 269. The bill also provides funding for the equivalent of a 3% change in employee compensation for permanent employees, with a minimum increase of $550 for each employee and the remaining amount to be distributed based on merit. The bill funds one line item, which provides $1,400 for Office of Information Technology Services Billings.
35 – 0
Amends existing law to revise provisions regarding voter approval of the assumption of bonded indebtedness when an area is proposed to be excised from a school district.
IdahoCode§33-308allowsschooldistrictpatronstochangeschooldistrictsundercertainconditions. When the district from which the patrons are leaving has bonded indebtedness, the result is a tax shift onto the remaining school district taxpayers to pay the pro-rata portion of the bond no longer being shared by the departing patrons. The bond debt stays with the school district where it is paid by the remaining taxpayers. While the school district patrons seeking to change districts are required to vote under current law, those remaining in the district never get to vote on the newly-increased pro-rata obligation. This proposed legislation would require a vote of the entire school district to approve a departure from a district where the proposed excision would remove fifteen-percent (15%) or more of the taxable value in the district thereby shifting fifteen-percent (15%) of the bond payments onto the remaining taxpayers.
Amends existing law to provide for the classification and retention of municipal media recordings and law enforcement media recordings.
This bill will amend the law defining the requirements of storage and destruction of Media Recording "records," such as CCTV, body cam, and dash cam video and/or audio recordings by the municipality and the police department. This bill amends the law that currently requires all records, not specifically defined to be stored for 2 years. This bill clarifies the storage durations of media recording. This bill aligns the municipality requirements to match the county requirements found in 31-871 of the Idaho Code specifically, as it relates to evidentiary value.
Relates to the appropriation to the Commission on Hispanic Affairs for fiscal year 2020.
This is the FY 2020 original appropriation bill for the Commission on Hispanic Affairs. It appropriates a total of $370,300 and caps the number of authorized full-time equivalent positions at 3.00. For benefit costs, the bill maintains the current appropriated amount for health insurance at $11,650 per eligible FTP; provides a 5.5% increase for the employer's share of PERSI contributions; and temporarily reducestherateagenciespaytheDivisionofHumanResourcesforitsservices. Forstatewidecostallocation, $300isprovided. Thebillalsoprovidesfundingfortheequivalentofa3%changeinemployeecompensation for permanent employees, with a minimum increase of $550 for each employee and the remaining amount to be distributed based on merit. Funding for a 3% upward shift in the compensation schedule is also included. The bill funds three line items, which provide $30,000 for Statewide Outreach Efforts; $1,000 for Mobile Device Security; and $3,200 for Modernization and Department of Administration billings.
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