Idaho Bills
639 bills · 2018 Regular Session
Adds to existing law to provide a procedure for invalidating certain public laws, regulations or cases, to provide prohibition on enforcement, to provide penalties and to provide for a civil action.
The purpose of this bill is to provide a legal process to bring checks and balances to all Federal Government actionthatmaybeunconstitutionalwhenArticle1Section8orlegalamendmentsisappliedtothoseactions. There are many Federal Court decisions, Federal laws and executive orders that have been enacted that are not compliant with the original intent of the United States Constitution. All elected officials and appointed judges are required to take an oath of office to uphold the Constitution. Our oath of office requires us to uphold the Constitution therefore to have a legal process in statute is the best way we can keep our oath.
29 – 40
Amends existing law to provide an income tax credit for charitable contributions made to medical residency placement organizations accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association or their designated nonprofit support organizations based in Idaho and devoted to training residents in Idaho.
28 – 6
Amends existing law to exempt church-owned properties from a certain management requirement in order to qualify for a property tax exemption.
The intent of this bill is to exempt facilities, owned and operated by a bona fide church, from the requirement that the facility be managed by the owner or a related nonprofit organization. This exception is believed to have limited application but will give churches that own such facilities more flexibility in finding qualified management.
69 – 0
Adds to existing law to prohibit the use of public funds to advocate for or against a candidate or certain ballot measures.
This purpose of this legislation is to create the Public Integrity in Elections Act. The act accomplishes the following: • Identifies the proper role of governmental entities with regards to elections. • CodifiesandclarifiesexistingcaselawthatwasestablishedbytheIdahoSupremeCourtinAmeritelInns, Inc vs Greater Boise Auditorium District (2005). In that case, the Idaho Supreme Court indicated that a public entity may "educate" but may not "advocate" regarding a bond measure. • Protects elected officials and public employees freedom of speech First Amendment rights and ensures that public funds, resources and property are not used to influence the outcome at the ballot box.
Amends existing law to increase the amount of the income tax deduction for adoption expenses to a maximum of $10,000.
This legislation will raise the amount of legal fees, medical expenses and other costs that adoptive parents may deduct from their taxable income. If this legislation passes, adoptive parents will be able to deduct $10,000 rather than $3,000.
34 – 0
Amends and adds to existing law to provide a code reference and to establish provisions regarding limited contracts for certain employees.
This legislation would allow Idaho public school districts, charter districts, and charter schools to only issue a Category 1 Standard Teacher Contract to certified personnel working in the Idaho public schools yet only holding an Interim Teaching Certificate under an Alternative Route. These Category 1 Teacher Contracts would be valid each year during the three year period that the certified personnel employee is working to attain their full certification. This legislation will place accountability on the individual to diligently pursue the requirement set forth in the Interim Teaching Certificate issued to them and not place school boards in statutorily protected contract disputes when the individual is not making progress towards the requirements necessary to receive a valid five year teaching certificate.
34 – 0
Adds to existing law to require that employees, employment applicants, contractors and subcontractors have a criminal background check if they will have access to federal tax information.
58 – 9
Amends existing law to revise provisions regarding the Idaho Board of Nursing.
65 – 0
Amends existing law to revise provisions regarding school district trustees.
50 – 18
Amends existing law to remove ongoing license plate fees for the Heritage Trust and to remove reference to the collection of fees.
Thepurposeofthislegislationistoremovefromstatutewhatismoreappropriatelyhandledthroughalicense agreement. The Idaho Department of Transportation charges $3.75 for each vehicle license plate sold. For the vast majority of plates, those using the tri-color "Idaho centennial" design, Idaho Code specifies that $0.50 of this charge be paid to the Idaho Heritage Trust for use of the "centennial" design. As the Idaho Heritage Trust is a 501(c)(3) non-profit organization, such arrangements are best made through normal contract arrangements and not by statute. Currently, the Idaho Heritage Trust has such an agreement in place allowing the use of the "centennial" design for license plates and other purposes.
Stating findings of the Legislature and authorizing the Legislative Council to appoint a committee to undertake and complete a study of climate change and its impact on Idaho.
This concurrent resolution would establish a legislative interim committee to study the impacts of climate change on Idaho's economy, industries, and environment, to consider policy options regarding mitigation of the causes and effects of climate change, and to report findings and make recommendations to the Second Regular Session of the Sixty-fourth Idaho Legislature.
Ilana Rubel · HD-018A
Amends existing law to provide that title insurers may provide a reimbursement or discount of escrow fees or title insurance premiums in certain instances and to provide that nothing shall prohibit title insurers from providing a certain reimbursement or discount of escrow fees or title insurance premiums.
To amend portions of Title 41, Idaho Code, to allow title insurance companies to reimburse bona fide employees for both title insurance premiums and escrow fees otherwise payable by the employee to the insurance agent or company in connection with the employee's non-business real estate transactions.
34 – 0
Amends existing law to clarify the distribution process for sales tax revenue and to restrict the expenditure of certain funds by special purpose taxing districts.
Section 63-3638, Idaho Code, governs the distribution of sales tax revenue to various agencies and entities. This bill amends section 63-3638, Idaho Code, to more clearly articulate the established process for distributing the sales tax revenue.
68 – 1
Adds to existing law to provide certain immunity from civil and criminal liability for persons rendering certain aid to a person in a motor vehicle.
To provide immunity from civil liability and criminal prosecution for persons who have a good faith belief in rendering certain aid to a person in a motor vehicle who they reasonably believe is in imminent danger of suffering death or serious bodily harm.
66 – 0
Amends existing law to revise provisions regarding mastery-based education.
This legislation has two purposes: 1) Allow more public school districts and public charter schools to participate in Idaho's mastery education initiative by removing the existing statutory cap on participation. The cap was put into place as the mastery initiative began in order to create an incubator cohort of schools. As Idaho has made progress, more schools wish to participate. The cap is presently 20, and we have approximately 30 more schools which have expressed a desire to participate in the network. 2) Adjust the statute to support Idaho's long-term transition to mastery education by encouraging incremental experimentation in schools, especially in grade levels or subject matter. Additionally, it establishes a mastery-based education advisory commission to study and track progress around the state and recommend policy changes that will help the state navigate potential implementation issues.
44 – 25
Amends existing law to provide that privatized medical providers shall make certain payments and to provide for inpatient and outpatient hospitalizations and emergency services.
31 – 1
Amends existing law to revise the definition of “resident.”
TheproposedlegislationallowsapersontobeconsideredaresidentofthestateofIdahoifthepersonresides in Idaho for a period of thirty (30) days, is legally registered to vote in the state of Idaho, has legally obtained adriver'slicenseoridentificationcard,andhaseitherbeensubjecttorealpropertytaxinthestateorissubject to reporting Idaho State income tax. If a person does not meet these requirements, they must be domiciled in the state with the intent to make it his or her permanent abode for a period of not less than six (6) months immediately proceeding the date applied for any license, tag, or permit.
Heather Scott · HD-002A
Appropriates an additional $30,000 to the Regulatory Boards for fiscal year 2018.
This is an FY 2018 supplemental appropriation bill for the Board of Professional Engineers and Land Surveyors within the Regulatory Boards. It provides an additional $30,000 in onetime operating expenditures from the State Regulatory Fund for the purpose of case hearing and litigation costs.
60 – 9
Amends existing law to provide that a board of county commissioners may apply for funds for extraordinary litigation costs.
64 – 0
Appropriates an additional $52,000 to the Military Division for FY 2018.
65 – 1
Amends existing law to remove a provision regarding the deduction of rents paid for any year from royalties as they accrue for that year.
Annual mineral lease rent is collected by the Idaho Department of Lands (IDL) as revenue for the Earnings Reserve Fund and covers the Department's administrative costs for the Mineral Leasing Program. Mineral production royalty payments collected by IDL go directly to the Permanent Fund managed by the Endowment Fund Investment Board (EFIB) and cannot be used to cover administrative costs. Current statute allows for mineral lease rent paid for any year to be deducted from the royalties as they accrue for that year. IDL, therefore, transfers monies paid to the Earnings Reserve Fund as rent to the Permanent Fund as royalties in an amount not to exceed the annual rental rate. This process suppresses rent payments and revenue to the Earnings Reserve Fund. This legislation removes the requirement to apply rent payments for any year toward royalties as they accrue which maximizes Earnings Reserve Fund revenue to support the Mineral Leasing Program. This change also simplifies mineral lease administration for the state as the current royalty crediting accounting process requires significant time and effort to track, reconcile, and repost funds. This legislation only applies to new mineral leases and does not affect existing mineral leases under contract.
Stating findings of the Legislature and authorizing a legislative study committee on campaign finance issues.
This legislation would authorize the Legislative Council to reappoint the members of the Campaign Finance Working Group as an interim committee to continue to study issues relating to campaign Finance Reform. The co-chairmen of the committee may appoint non-legislative members for advice. The non-legislative members shall not be reimbursed from the legislative funds for per diem, mileage or other expenses and shall not have voting privileges.
65 – 1
Amends existing law to revise provisions regarding dividends and other distributions.
This legislation is intended to bring Idaho Code 41-3812 into closer alignment with the majority of states in the calculation for determining whether a dividend or distribution by a domestic insurer within an insurance holding company system is extraordinary or nonextraordinary. The notice and approval requirements vary depending on whether a dividend or distribution is deemed extraordinary or nonextraordinary. The legislation will allow a domestic insurer to declare a nonextraordinary dividend if the dividend does not exceed the greater of 10% of surplus or the operating income for the preceding year, while providing appropriate levels of Department of Insurance oversight.
35 – 0
Adds to existing law to provide that the Director of the Department of Insurance shall permit health benefit plans that are not ACA compliant, to provide a direct primary care program for Medicaid participants, and to provide that the State Department of Health and Welfare shall seek certain waivers or amendments to waivers.
The federal government has stringent requirements that make it difficult for Idahoans to buy affordable health insurance coverage. This legislation codifies the Governor's Executive Order to allow Idahoans to purchase non-ACA plans that are compliant with state requirements. The new statute would provide flexibility from individual and small employer insurance plans requirement for essential health care benefits, state community and age ratings, and actuarial value regulations. Idaho insurance companies would be able to offer less-expensive, tailored insurance plans. It would also allow Idaho to apply for a 1332 State Innovation Waiver, only if the federal government requires a waiver for Idaho to sell non-ACA plans. This legislation would also allow the state to make improvements to the Medicaid program via a second, 1115 Medicaid Waiver. This waiver would allow the state to establish a direct care program, impose work requirements for able bodied adults without children, and impose lifetime limits with clear exemptions for pregnant women, caregivers, etc. It should be noted that the Centers for Medicare and Medicaid Services is not approving waivers that do not have legislative authorization. Therefore, the waivers that are drafted will need to be brought back to the legislature during the 2019 session.
Amends existing law to provide for a productivity classification of a forest land parcel to remain or revert to a certain classification status and to require a process by which a county assessor may seek to change the productivity classification in the future.
35 – 0