Idaho Bills
589 bills · 2019 Regular Session
Amends existing law to revise outfitted hunter tags set-aside provisions, to revise deer and elk tag provisions, and to revise provisions regarding the powers and duties of the Idaho Outfitters and Guides Licensing Board.
This legislation will update statutes governing the nonresident set-aside and tag-allocation system administered by the Idaho Department of Fish and Game (IDFG) in conjunction with the Idaho Outfitters and Guides Licensing Board, such that it accurately and fully captures actual outfitted use, reflects current trends in hunter demand, and provides more dependable access for the public to outfitted tags. This legislation would direct the IDFG Commission to establish the number of nonresident elk and deer tags to set-aside for outfitter use when setting big game seasons and implement a new formula for determining an outfitter's historic use. The changes would more accurately describe an outfitter's historic use and provide a better means of distributing tags and collecting data through the IDFG point of sale machines. This legislation also directs the Idaho Outfitters and Guides Licensing Board to designate the tags set-aside in capped or controlled zones in a more fair and equitable manner and to report these designations to IDFG for distribution. This legislation will not affect the number of resident elk or deer tags.
34 – 0
Relates to the appropriation to the Idaho State Police for fiscal year 2020.
ThisisanFY2020trailerappropriationbillfortheIdahoStatePolice. ItaddressesthefiscalimpactofH116, whichcreatesandcodifiessystemsusedbylawenforcement, healthcarefacilities, andtheIdahoStatePolice Forensic Services laboratory in the process and processing of sexual assault evidence kits in the state of Idaho. The bill provides an additional FTP and associated personnel costs, ongoing operating expenditures for training and lab equipment and supplies, and one-time costs for office equipment and computers.
34 – 0
Amends existing law to revise provisions regarding the equalization of the assessment of a category of property and to provide notice requirements.
This legislation proposes amending Section 63-109, Idaho Code, to require the Idaho State Tax Commission to provide written notice to county assessors and commissioners by April 1st of each year if it has reason to believethatacountyhasimproperlyassessedacategoryofproperty. Failuretonotifythecountyofpotential improper assessments would present the tax commission from equalizing the category of property for which it failed to provide written notice.
34 – 0
Amends existing law to reduce the number of hours of classroom instruction and behind-the-wheel training that a new applicant must complete as part of a board-approved apprenticeship training program.
The State Driving Businesses Licensure Board is proposing legislation to reduce the apprenticeship training hour requirement to qualify for driving business instructor licensure from sixty (60) to thirty (30) hours of classroom instruction, and to reduce the number of behind-the-wheel training hours from one hundred eight (108) to sixteen (16) hours. This Board also requests an emergency clause for this legislation to allow its early implementation for the benefit of applicants. These changes will reduce barriers to licensure and employment for driving business instructors.
68 – 0
Adds to existing law to provide that administrative rules set to expire on July 1, 2019, will continue to be effective until July 1, 2020, to provide that administrative rules approved or extended by the adoption of a concurrent resolution shall be effective until July 1, 2020, or until such time as they expire, to provide that rules rejected by concurrent resolution shall be null, void, and of no force and effect, and to authorize agencies to amend or repeal certain rules pursuant to the Administrative Procedure Act.
This legislation continues certain administrative rules in full force and effect until July 1, 2020.
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Stating findings of the Legislature and commemorating the founding of the Idaho State Department of Agriculture and commending its continued service to the people of Idaho.
This Current Resolution recognizes the 100th Anniversary of the founding of the Idaho State Department of Agriculture and the outstanding service that employees past and present have provided to the agricultural industries across Idaho.
Amends existing law to provide that a barber or cosmetology school may retroactively reinstate a license that has lapsed due to a missed licensure payment.
The purpose of this legislation is to amend Chapter 58, Section 21 of Title 54 Idaho Code. In 2018 the Cosmetology and Barber Boards were merged into a new Barber and Cosmetology Services Act. During that process, the new section that addresses the Renewal and Reinstatement of License and Registration did not address the unfortunate consequences of an inadvertent late payment of a Cosmetology or Barber School. Many of these schools provide training to students who rely on financial aid. The US Department of Education requires these schools to maintain a continuous license. This amendment provides the Barber and Cosmetology Services Licensing Board the authority to approve the reinstatement retroactive to the date of expiration. The school must have paid the renewal fee within 90 days of the failure to renew, there must be no other cause for the school's license to have been cancelled, and all costs and penalties related to the renewal must be paid. This only changes the renewal and reinstatement of Barber and Cosmetology schools and not the many licensed professions covered by the Barbers and Cosmetology Act. The students of these schools would be assured that an inadvertent clerical error would not impact their financial aid or continuity of their education.
66 – 0
Amends existing law to provide for an order of renewal for an execution on certain judgments.
This legislation is intended to clarify text in Idaho Code concerning execution on judgments during renewal periods. Idaho law provides for the renewal of judgment over successive periods through motion and an orderofthecourtpursuanttoIdahoCode§10-1111. Caselawandcourtpracticeindicatethatonecanexecute on renewed judgments, but the Idaho statute includes language that could cause confusion and could prevent unwary creditors from fully pursuing their rights. Idaho Code §11-105 can be read to restrict execution upon monetary judgments to ten years from the date of entry of judgment or five years from entry of judgment enteredpriortoJuly1, 2015. Itisnotentirelyclearfromthecurrentlanguagethatentryofjudgmentincludes entry of an order renewing judgment. If the language were intended to only run from the date of entry of judgment, as this restrictive interpretation implies, and not entry of renewals of judgment it is unclear what rights, if any, are actually granted by renewal of judgment. It is clear, for instance, that a lien is renewed, but if execution rights do not exist, then the lien might not be able to be foreclosed. This interpretation makes the renewal statute effectively meaningless. There is a workaround to the process that would involve the common law cause of action called action on a judgment. Obtaining a new judgment through this process allows execution on the judgment during any renewal period, but would potentially cost the plaintiff their lien priority and this method of renewal undermines a primary purpose of the renewal statute, which is to simplify the renewal of judgments.
68 – 0
Relates to the appropriation to the Department of Administration for fiscal year 2019.
This is an FY 2019 supplemental appropriation bill for the Department of Administration. It provides 1.00 FTP and authorizes an object transfer of $158,500 for the Public Works Program from operating expenditures to personnel costs for Chinden Campus maintenance staff, $181,000 for ongoing project management software subscriptions from the Permanent Building Fund, and $87,800 for Central Postal Services increases from the Administration and Accounting Services Fund.
62 – 3
Adds to existing law to provide certain requirements and restrictions for pretrial risk assessment tools.
This legislation prohibits the use of biased pretrial risk assessment algorithms for purposes of determining bail or conditions of release from jail pending trial.
60 – 0
Adds to existing law to require a notification of rights to parents or other concerned persons during an investigation of child abuse, neglect, or abandonment.
This legislation buttresses Idaho's Child Protection Policy by notifying parents or guardians of their legal rights with respect to child protection investigations.
Relates to the appropriation to the Division of Veterans Services for fiscal year 2020.
ThisistheFY2020originalappropriationbillfortheDivisionofVeteransServices. Itappropriatesatotalof $78,592,100 and caps the number of authorized full-time equivalent positions at 344.00. 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 provides other benefit adjustments. For statewide cost allocation, $98,800 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 seven line items: $871,100 to address staff market equity; $551,900 for three additional staff positions; $103,300 for new capital outlay items; $200,000 for changes in Medicaid billings; $100,000 for veterans recognition grants; $42,223,400 for a fourth veterans home in Post Falls; and $307,200 for the Governor's technology initiatives. The bill also allows for cash transfers for the new veterans home and reappropriation authority for the cemetery in Blackfoot.
33 – 0
Amends and adds to existing law to revise provisions regarding rental agreements and liens, to provide for a procedure in the event of default where the property stored in the leased space is a vehicle or trailer, and to provide for when an operator may restrict access to the leased space.
This bill updates and amends sections 55-2301, 55-2304, 55-2305 and 55-2306 relating to self-service storage facilities. Also, adds new sections 55-2308 Lessee in default and 55-2309 Access Restriction. The referred-to statute has not been amended since 1989, before the active use of the internet and e-mail communications for business purposes. Amendments include definition updates, identifying reasonable rates for late charges and clarifying enforcement of lien language for consumers and operators.
50 – 20
Adds to existing law to enact the Idaho Rural Teacher Recruitment and Retention Act to create an incentive program to place teachers in rural schools.
The legislation creates a Rural Teacher Pipeline Initiative to help address the critical teacher shortage in Idaho's rural school districts. It includes research-based strategies being used in many other states to address teacher recruitment and retention. The Grow Your Own program would require a partnership between the State Department of Education, the State Board of Education and a local rural school district to provide funding for a paraprofessional or classified staff member in the district to cover the cost of earning their teaching certificate through an approved course of study. In exchange for payment of tuition, the individual would commit to work in the same school or district for three (3) years after completion. The Rural Teacher FellowshipwouldcreateateacherfellowshipprogramforupperdivisionstudentsenrolledinanIdahopublic postsecondary teacher preparation program who commit to teach in a rural school or district for three (3) years following completion of the fellowship. The Department of Education would identify geographic areas within the state and specific content areas where shortages exist. The program would provide up to $10,000 to each fellow to use for costs of attendance during the fellowship. The Certification and Retention Bonus would provide a $6,000 stipend for teachers or other professional providers in a rural district who are pursuing additional education or another certification to address a hard-to-fill need in a rural school. The stipend could be used to complete the required course work leading to certification or an alternative path to licensure. Individuals receiving the stipend would commit to teaching in the specific district for three (3) years. These programs would be administered by the State Department of Education in coordination with the State Board of Education. Each program will be prioritized based on schools or districts experiencing a teacher shortage in a grade level or content area. The legislation includes an effec
Amends existing law to provide that the State Board of Education may require professional development credits as a condition of teacher certificate renewal but must recognize providing instruction in a professional development course or in a course at an institution of higher education as an option to complete required credits.
This bill clarifies Idaho Code Section 33-1204 to expressly authorize the state board of education to require professional development credits as a condition of certification renewal and to provide rule-making necessary to allow the teaching of said professional development courses as an optional means of completing the professional development credit requirement.
62 – 0
Relates to the appropriation to the Department of Water Resources for fiscal year 2019.
This is an FY 2019 trailer and supplemental appropriation bill in two parts for the Department of Water Resources. The first portion provides a $20,000,000 General Fund transfer to address the fiscal impact of HJM004, which urges the completion of the federal feasibility study and the NEPA analysis required for expanding Anderson Ranch Dam through provisions in the federal Water Infrastructure Improvements for the Nation (WIIN) Act. This bill also allows for funding to be used for the Mountain Home Air Force Base water delivery system, should those projects be authorized. The second portion provides a $1,000,000 General Fund transfer for the second year of the Flood Management Program, which provides funding for flood damage mitigation, prevention, and stream channel correction on a merit basis as determined by the Board of Water Resources.
35 – 0
Adds to existing law to establish the Education Savings Account Program.
This legislation establishes an "education savings account" (ESA) in K-12 education, which is a government-authorized savings account with restricted, but multiple uses for educational purposes. Parents can use these funds to pay for: school tuition, tutoring, online education programs, therapies for students with special needs, textbooks or other instructional materials, or future college expenses.
Amends existing law to provide for emergency assessments, to provide for mitigation by a district due to noncompliance of a member and for the levy of special assessments, and to provide a procedure associated with certain district assessments.
This bill relates to operation of ground water districts. Ground water districts exist principally to protect their members' water rights from curtailment by developing and implementing mitigation plans, the costs of which are assessed to the district members. This bill meets two operational needs of ground water districts. First, ground water district assessments are levied once per year in accordance with the schedule set forth in Idaho Code sections 42-5232 and 42-5241 to meet projected district expenses. On rare occasions actual expenses occasionally exceed projections, creating a need to levy a special assessment to pay actual expenses. New subsections 42-5232(5) and 42-5241(2) provide this authority. Second, some ground water users have in recent years willfully disregarded their responsibilities under ground water district mitigation plans approved by the Idaho Department of Water Resources. New subsection 42-5232(6) enhances the ability of ground water districts to enforce compliance with mitigation plans approved by the Idaho Department of Water Resources. Revisionstosubsection42-5232(9)removeanambiguityandclarifythemethodofapportioningassessments by irrigated acre.
69 – 0
Amends existing law to provide for the right of a taxing district to appeal a decision by the State Tax Commission to not recognize a boundary change.
This legislation provides for notification to taxing authorities when the state tax commission fails to recognize a boundary adjustment, including the reason for the rejection. Provides information in regard to the process for the taxing authority to request a review if the Tax Commission rejects the proposed boundary adjustment.
Amends existing law to provide certain penalties for marijuana.
This legislation amends Idaho Code 37-2732, adding language to provide that a first-time offender who is convicted of having less than 1/2 ounce of marijuana in the offender's possession shall be guilty of a misdemeanor. If after a finding of guilt the offender voluntarily completes four (4) hours of court approved drug/alcohol education and pays a fine of $250 or completes eight (8) hours of court approved community service, the charge will become an infraction and court records will so reflect.
Adds to existing law to provide that anticancer medications that are self-administered by a patient shall not have a higher copayment, deductible, or coinsurance amount than injected or intravenously administered anticancer medications.
The purpose of this legislation is to create co-insurance parity for cancer treatment patient cost regardless of treatment being intravenously administered, injected, or orally taken. The legislation directs the Department of Insurance to ensure state regulated health plans, when anti-cancer medication is covered by a health plan, to provide patients access to orally administered anti-cancer medications at a co-insurance rate no more than the cost to access injected or intravenously administered medication.
Stating findings of the Legislature and providing approval for North Idaho College to enter into an agreement with the Idaho State Building Authority to assist with the development of a building expansion and an athletic facility.
NorthIdahoCollegeisseekingauthorizationtoutilizetheIdahoStateBuildingAuthorityasatooltofinance up to $25,000,000 in campus projects. These projects are anticipated to include updates or new construction of an athletic complex and expansion of existing educational buildings including the Meyer Health and Sciences Building on the Coeur d'Alene campus. The college will utilize the Idaho State Building Authority to manage the bond but will utilize college/district funds to finance the bonds through a lease agreement with ISBA. North Idaho College has a growing demand for science and related programs to support increased numbers ofstudentsinterestedinhealthprofessionsandnursing. Furthermoreallcollegeathleticscurrentlytakeplace using the Christianson Gymnasium which was constructed in 1949. While the existing gym will continue to be maintained and used, it cannot accommodate a collegiate regulation basketball court and provides limited ways to accommodate ADA access to viewing areas.
34 – 0
Relates to the appropriation to the State Board of Education and the Board of Regents of the University of Idaho for Health Education Programs for fiscal year 2019.
This is an FY 2019 supplemental appropriation bill for the Office of the State Board of Education, Division of Health Education. It provides a net-zero object transfer of $235,000 from trustee and benefit payments to personnel costs for increased support for residencies.
35 – 0
Amends existing law to provide for physician assistants and to revise provisions regarding licensure, registration, discipline, disability, and board composition.
This bill updates and modernizes provisions of the Medical Practice Act related to licensure, registration, discipline, disabled physicians or physician assistants, and member composition of the Board of Medicine and Physician Assistant Advisory Committee. For licensure, this bill removes barriers to practice by simplifying the requirements for expedited licensure by endorsement and removing the requirement that medical students be registered with the Board. This bill updates the discipline section to require more timely notification to the Board of felony criminal charges against a licensee and adds a disruptive provider clause, both of which the Board believes are necessary to protect the public adequately. This bill updates and simplifies the Disabled Physician Act by adding physician assistants and streamlining the Board's evaluation process, which will benefit licensees with serious mental and physical illnesses who may otherwise face disciplinary action by the Board. This bill also adds a physician assistant member to the Board, changes the Board's quorum requirement to 6 members, and adds a physician assistant and a public member to the Physician Assistant Advisory Committee, changing the Committee's quorum requirement to 3 members. Finally, the bill provides housekeeping updates to remove obsolete language, delete duplicative language, streamline the language throughout, and modernize the requirements of the Act.
35 – 0
Amends existing law to allow a member receiving disability retirement benefits to volunteer or work under certain conditions.
This clarifies an ambiguity regarding individuals that have received a disability retirement in the Public Employee Retirement System of Idaho (PERSI) for medical or other reasons. PERSI is currently applying the statute in a way that prohibits individuals who are deemed "disabled" under PERSI from volunteering or working for nominal compensation. Being able to volunteer or perform nominal work is beneficial to the community and these individuals, especially for those that may have a terminal illness. This amount of allowable compensation mirrors similar provisions from other states. This also provides that the PERSI Fund will be protected, as any amount earned from the nominal employment is deducted from the benefit paid to the individual by PERSI.
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