Idaho Bills

Appropriates $2,969,000 to the Commission for Pardons and Parole for fiscal year 2017; and limits the number of authorized full-time equivalent positions to 33.

This bill appropriates $2,969,000 to the Commission for Pardons and Parole for FY 2017 and caps the number of authorized full-time equivalent positions at 33.00. For program maintenance, the bill includes funding for the employer's share of increased benefit costs and statewide cost allocation. It provides for an ongoing 3% merit-based increase in employee compensation for permanent employees to be distributed at the discretion of agency heads and funds the 27th payroll. Twolineitemsarealsoincluded,whichprovide: $38,300forpersonnelreclassificationand$23,000 one-time for a digital recording system.

Adds to existing law to enact the Advanced Practice Registered Nurse Compact.

The purpose of this proposed legislation is to adopt the Advanced Practice Registered Nurse Compact adopted as amended in 2015 by the National Council of State Boards of Nursing. The APRN Compact provides the mechanism for member states to mutually recognize APRN licenses, thereby alleviating the need for APRNs to hold multiple licenses. The APRN Compact is an interstate compact modeled after the Nurse Licensure Compact that will allow advanced practice registered nurses (APRNs) to hold one license issued by the primary state of residence that grants the privilege to practice as an APRN in other APRN Compact member states, both physically and via technology. The APRN Compact complements the Nurse Licensure Compact for LPNs and RNs, of which Idaho is currently a member. The APRN Compact incorporates the positive elements of the Enhanced Nurse Licensure Compact, to include: • Common language and format. • Clarity in the role of the Compact governing commission. • Grandfathering provisions for currently licensed APRNs in each member state. • Rulemaking procedures. • Enforcement provisions. Adoption of the Compact will increase patient access to qualified APRNs licensed in another state who choose to practice, either physically or electronically, in another Compact-member state.

Adds to existing law to define terms; and to provide for livestock removal requirements.

This legislation closes a loophole in current code and rule that allows trichomoniasis test-eligible bulls to be removed from a trader lot and returned to the country for breeding purposes without the appropriate trichomoniasis testing. In addition, it adds a new section of code definitions and livestock removal requirements for approved feedlots, approved trader lots, buying stations, livestock dealers, and livestock markets. Currently these definitions and removal requirements are found in various places in code and rule and this legislation consolidates them in one code section.

Appropriates an additional $14,900 to the Department of Health and Welfare for the Domestic Violence Council; increases the number of authorized full-time equivalent positions by 1.0 to the Department of Health and Welfare for the Domestic Violence Council; and appropriates an additional $1,349,800 to the Department of Health and Welfare for Indirect Support Services for a total of $1,364,700 for fiscal year 2016.

This is a fiscal year 2016 supplemental appropriation to the Department of Health and Welfare for the Domestic Violence Council and Indirect Support Services. Thebillprovidesanadditional1.00FTPand$14,900fortheDomesticViolenceCounciltoprovide additional oversight for programs that receive funds related to the Victims of Crime Act (VOCA). VOCAfundsareawardedtolocalcommunity-basedorganizationsandpublicagenciesthatprovide services directly to victims of crime, throughout the state. Thebillalsoprovidesanadditional$1,349,800infederalfundsforone-timeoperatingexpenditures toreducetheneedforGeneralFundsandexpendfederalfundsthatthestatereceivedforITprojects. The department has been receiving an enhanced earned revenue rate (ERR) for various IT projects. This ERR provides 90% federal funding, which is significantly higher than the traditional 50% of federal match. Projects include the Medicaid Readiness Initiative and system modernization. Of the total appropriation bill, $13,900 is ongoing and the remainder is one-time.

Amends, repeals and adds to existing law to create the Idaho Public Safety Communications Commission and charge it with the duties formerly held by the Idaho Emergency Communications Commission and the Statewide Interoperability Executive Council.

The proposed legislation will consolidate governance for emergency and public safety communications by merging the Idaho Emergency Communications Commission (ECC) and the Statewide Interoperability Executive Council (SIEC). The public safety community is seeking a convergence of public safety communications. This convergence recognizes that advances in technology can support a public safety communications ecosystem where 9-1-1, dispatch, device interoperability and information sharing are accomplished seamlessly. The current fragmented governance approach does not support adequate coordination. Furthermore, the current scope of these governing bodies does not provide for coordinated strategic planning for all components of public safety communications.

Appropriates $27,791,900 to the Division of Vocational Rehabilitation for fiscal year 2017; and limits the number of authorized full-time equivalent positions to 152.5.

Appropriates $27,791,900 to the Division of Vocational Rehabilitation for fiscal year 2017; and limits the number of full-time equivalent positions to 152.5. The bill includes funding for the employer's share of increased benefit costs; replacement items; changes made in the statewide cost allocation plan; 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. Line item 1 provides $1,270,600 for implementing the requirements of the Workforce Innovation & Opportunity Act (WIOA). Under this act, Idaho is required to spend 15% of its Vocational Rehabilitation grant on certain qualified disabled student pre-employment transition to work services. This level of funding will be used for assessment, training, tools, education, supplies, transportation, medical and other items to assist youth with disabilities prepare for and secure employment. Line item 2 provides $340,000 to restore the Extended Employment Services Program back to 90% of 2009 funding levels, and will allow the agency to reduce the number of individuals on the wait list by approximately 80. This program provides people with the most significant disabilities with employment opportunities in both non-integrated settings, or with a competitive job in the community.

Amends existing law to revise the definition of "neglect."

ThisisoneofthebillsthattheSupremeCourthasrecommendedinitsannualreporttotheGovernor concerning defects or omissions in the law as required under article V, section 25 of the Idaho Constitution. The crime of abuse or neglect of a vulnerable adult is defined in I.C. § 18-1505. The offense is a felony if the abuse or neglect is likely to produce great bodily harm or death; otherwise it is a misdemeanor. However, the statute defines "neglect" as a failure of a caretaker to provide certain basic needs "in such a manner as to jeopardize the life, health and safety of the vulnerable adult." The conjunctive "and" means that proving neglect requires a showing that the life of the vulnerable adult was jeopardized, in addition to his or her health or safety. This appears to make all neglect of a vulnerable adult a felony. It seems more likely that the Legislature intended that acts jeopardizing the health or safety of a vulnerable adult, but not necessarily his or her life, would also be an offense that would be punishable as a misdemeanor. This bill would correct the statute by requiring only that the act of neglect jeopardized the life, health or safety of the vulnerable adult.

Amends and adds to existing law to provide that certain probate and nonprobate transfers are revoked upon divorce.

Existing Idaho law provides for certain effects of divorce on Wills and some other situations. However, a great number of situations are not covered by existing Idaho law and can present major problems if the divorcing spouses are not aware of the need to make changes. Therefore this bill creates a default provision for revocation of certain designations in event of a divorce. It does not preclude court orders overriding such default provisions, nor the spouses agreeing to continuation ofthedesignations. Section1correctssometechnicalproblemsin§15-2-802. First,undertheIdaho Probate Code, "person" is a very wide group of not just individuals, but also many entities such as corporations, partnerships, limited liability companies and so forth. The proper term therefore in this code section should be "individual". Also the provisions of (b)(2) properly only apply to an invalid decree of divorce. This section is from the Uniform Probate Code, which was adopted in Idaho in 1972, and these changes have been made in updated provisions of the Uniform Probate Code. Section 2 adds a new section to the code, also contained in the updated Uniform Probate Code, to expand the effects of a divorce past existing provisions to include to a number of other things such as powers of appointment, nominations to act as a fiduciary (such as a trustee or power of attorney) and so forth and severs Joint Tenancy With Right of Survivorship ownership into equal tenancies in common. All of these are effects that parties to a divorce would expect, but often miss carrying out.

Amends existing law to clarify the number of local education agencies identified for a certain initial cohort and to allow the State Department of Education to expend or distribute certain moneys.

This legislation amends current law to limit the number of participating incubators so that there will be no more than twenty participants in the initial cohort. This legislation also provides that all moneys appropriated by the legislature, for the purpose of moving Idaho public schools toward mastery-based education, may be expended on behalf of local education agencies or distributed directly to the participating local education agencies at the discretion of the State Department of Education.

Amends existing law to revise a provision regarding allegations of a violation of parole conditions.

This amendment would allow the hearing officer to not impose the 90/180 day sanctions where the violation is sexual or violent in nature, or the violator has been formally charged with a new felony or violent misdemeanor to remain in custody for safety of the public while the charge is being adjudicated.

Amends and adds to existing law to create the Damage Prevention Board and to provide for its duties regarding the prevention of underground facilities damage.

The purpose of this legislation is to provide for Idaho primacy in the protection of the public health and safety regarding underground facilities and to reduce damages to those facilities by the creation of a representative stakeholder board housed at the Division of Building Safety that will providestatewideeducationandadministrativeenforcementoftheundergrounddamageprevention statutes. If adopted, this legislation also will prevent federal oversight and enforcement related to underground facilities that is authorized by 49 CFR Part 198 that took effect on January 1, 2016.

Amends existing law regarding the general powers of the board of trustees of each community college district.

Amend existing law to require community colleges to follow the same requirements as school districts when acquiring and disposing of real property. Pursuant to § 33-601, Idaho Code, school districts are authorized to purchase real property and requires they have a property appraisal conducted of the property one (1) year prior to any purchase. Additional amendments add the reference to Section 33-601, Idaho Code to Eastern Idaho Technical College's provisions regarding real property. This section currently references the processes by with school districts use when acquiring and disposing of property but does not include the statutory reference.

Appropriates $103,048,600 to the Department of Health and Welfare for the divisions of Child Welfare, Services for the Developmentally Disabled, and Service Integration for fiscal year 2017; limits the number of authorized full-time equivalent positions for the three divisions to 731.46; provides for General Fund transfers to the Cooperative Welfare Fund; limits transfers for trustee and benefit payments; provides for program integrity; provides legislative intent on educating children in the department's care; and directs expenditures for Head Start.

This is the fiscal year 2017 appropriation to the Department of Health and Welfare for three divisions: Child Welfare, Services for Developmentally Disabled, and Service Integration. It includes $34,646,500 from the General Fund, $3,608,900 from dedicated funds, $64,793,200 from federal funds, and 731.46 FTP for a total appropriation of $103,048,600. The bill also includes three sections of department-wide legislative intent language, one section for Child Welfare, and one section for Service Integration. All divisions include standard budget adjustments for the changes in employee benefit costs, statewide cost allocation, 27th payroll and the 3% merit-based change in employee compensation that is to be awarded at the discretion of the director. The Child Welfare Division includes the Child Welfare and Foster Assistance and Payments Programs. Within this division, there was a $9,500 shift from the General Fund to federal funds as a nondiscretionary adjustment due to changes in the state's FMAP rate. There is also one approved line item that adds $260,000 to conduct a study that will identify the next step for replacing the Statewide Automated Child Welfare Information System (SACWIS). This system is used to document and track case information and to process payments to foster families for any services related to the care of eligible children. The Services for Developmentally Disabled Division also includes a $6,000 shift from the General Fund to federal funds for changes related to the FMAP rate. This division was approved for one line item to transfer $169,100 from trustee and benefit payments to personnel costs. This transfer will be used to reclassify 11 positions in the Infant Toddler Program. The reclassification, once complete,wouldbringthenumberofearlyinterventiontherapists(occupationaltherapists,physical therapists, and speech pathologists) to a total of 21 or three per region. Service Integration was a maintenance budget and only included standard budget ad

Amends existing law to revise certain required reclamation activities; to revise bond amount provisions and to provide for written notice by the State Board of Land Commissioners to an operator of rejection of a request for bond release upon the board's determination that the requirements of a reclamation plan or permanent closure plan have not been met.

A performance bond is required to assure proper reclamation of a surface mine. If the Department ofLandsproposesabondthatexceeds$2,500peracre,anoperatorisentitledtoahearingbeforethe Land Board to contest the proposed bond amount. This legislation increases that threshold amount to $15,000 per acre. An operator may request the release of a reclamation bond when reclamation is completed. If the Department of Lands denies the request for bond release, this legislation requires it notify the operator in writing why the request was denied. A performance bond is required to assure proper closure of a facility that uses cyanide. An operator may request the release of a closure bond when such a facility is closed. If the Department of Lands denies the request for bond release, this legislation requires it notify the operator in writing why the request was denied.