Idaho Bills

Establishes enhanced short-term health insurance plans.

This bill amends sections 41-5203, 41-5207, Chapter 52, Title 41 and adds a new section of Idaho code to define and provide for the purchase of enhanced short-term health insurance plans. On August 3, 2018, the U.S. Departments of the Treasury, Labor and Health and Human Services issued new rules to amend the definition of short-term, limited-duration insurance to lengthen the maximum duration of short-term health insurance. This bill defines enhanced short-term health insurance and brings Idaho in compliance with new federal rules that went into effect on October 2, 2018. Enhancedshort-termplanswillhaveaninitialperiodoflessthantwelve(12)monthsandallowsanindividual to renew the policy for up to the number of months established by the Idaho Department of Insurance. This bill establishes a new section of code to allow the director of the Idaho Department of Insurance to adopt rules and standards for enhanced short-term health insurance plans.

Amends existing law to revise the definition of “development” to exclude activities undertaken by public charter schools.

Taxing districts, which includes district public schools, are not within the current definition of development inIdahoCode67-8203(7)andthereforearenotsubjecttodevelopmentimpactfees. Thislegislationchanges the definition of the word development to not include public charter schools. The purpose is to recognize that public charter schools are similar in purpose to district public schools and should also not be included within the definition of development under the act and consequently not subject to development impact fees. This proposal does not make public charter schools into taxing districts. The proposed change places public charter schools on the same level as district public schools in relation to the assessment of a development impact fee. This legislation includes an emergency clause.

Amends existing law to revise provisions regarding the granting of protection orders and ex parte temporary protection orders.

2016 Senate Bill 1373 provided Idaho's courts with the authority to issue civil protection orders for those victimized by stalking, malicious harassment and telephone harassment. During the 2018 and 2019 legislative sessions, the judiciary informed the Legislature that many non-meritorious civil protection petitions alleging telephone harassment were being filed with the Courts. Although the courts dismiss these petitions, doing so consumes significant judicial time and resources. This legislation amends Idaho Code Sections 18-7907 and 18-7908 to more prominently state the criteria warranting the issuance of a protection order, and to expressly authorize judges, without a hearing, to dismiss those petitions that fail to state facts sufficient to warrant a protection order. This legislation also contains clarifying language, updates a reference to the "Idaho law enforcement telecommunications system" to the "public safety and security information system," makes other technical changes and removes references to "irreparable injury."

Amends existing law to provide that certain information shall be excluded in a report to law enforcement in certain instances.

This legislation clarifies that when an adult victim of sexual assault comes to the hospital for an anonymous sexual assault medical forensic exam, the hospital staff is not required to report this injury to police in order to protect the anonymity of the victim. Idaho statute 67-2919 defines conditions for the collection of an anonymous sexual assault evidence kit according to the Violence Against Women Act. This legislation clarifies policy and protects victims' rights.

Relates to the appropriation to the Department of Fish and Game for fiscal year 2020.

This is the FY 2020 original appropriation bill for the Department of Fish and Game. It appropriates a total of $127,453,100 and caps the number of authorized full-time equivalent positions at 569.00. 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 $5,695,400 for 70 fleet vehicles and accessories, one dump truck, a housing unit at the Tex Creek Wildlife Management Area (WMA), firearms, ballistic vests, servers, networking and computer equipment, 20 snowmobiles, outboard motors, and electrofishing equipment. For statewide cost allocation, $61,200 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 17 line items, which provide: $2,338,100 for endangered species habitat projects in the Pend Oreille, Bear River, and Blackfoot River drainages; $5,940,400 for mitigation projects due to the inundation of the Albeni Falls Dam; $500,000 added to the base appropriation to pay lease payments on the new headquarters building in Boise; $1,195,000 for access for anglers and fish screen construction and maintenance; $1,109,000 for biosecurity updates at the Hagerman Hatchery; $991,700 for increased hatchery trout production; $200,000 to increase testing capacity at the Eagle Fish Genetics Lab; $309,700 to conduct hunter surveys and research; $1,270,000 for a water control structure on the Fort Boise WMA; $550,000 for mining restoration projects in north Idaho; $100,000 for landscape scale Mule Deer habitat projects; $120,000 for the

Provides year-end appropriations and transfers.

This bill provides five onetime cash transfers to address various purposes. One transfer would occur in FY 2019 and four would occur at the beginning of FY 2020. Section 1 transfers $9,000,000 from the Consumer Protection Fund to the General Fund in FY 2019 to increase the available cash balance. Section 2 transfers $3,400,000 from the Opportunity Scholarship Fund to the Public Education Stabilization Fund to address year-end shortfalls in the Public Schools (K-12) appropriation due to continued enrollment growth and participation in the Advanced Opportunities Program. Section 3 transfers an additional $8,600,000 to the Public Education Stabilization Fund from the General Fund in FY 2020. Section 4 transfers $8,053,500 from the General Fund to the Technology Infrastructure Stabilization Fund for specific FY 2020 technology projects. Section 5 transfers $2,000,000 from the General Fund in FY 2020 to the Disaster Emergency Fund to provide funding for state-declared disasters and to provide matching funds for federally-declared disasters. Current obligations to this fund project a FY 2020 shortfall of $1.9 million.

Amends, repeals, and adds to existing law to provide for the transfer of legend drugs for donation to medically indigent patients.

This bill updates and modernizes the Idaho Legend Drug Donation Act in a manner that redefines and expands who can donate and who can receive donated drugs. This is in conformance with successful legislation implemented in other states

Adds to existing law to provide for coverage under a health benefit plan for participants in clinical trials.

The purpose of this legislation is to ensure that routine medical care costs will be covered by a patient's insurance plan while a patient is enrolled in a clinical trial. Clinical research is an essential element in advancing health care, improving patient outcomes and reducing the cost of health care. Sponsors of clinical trials are required by federal law to cover all research-related costs in a clinical trial. This legislation ensures that health benefit plans cover the costs for the same standard of care a patient would receive if they were not in a clinical trial, while not being required to pay for the costs of the trial itself.

Relates to the appropriation to the Office of the State Board of Education for fiscal year 2020.

This is the FY 2020 original appropriation bill for the Office of the State Board of Education. It appropriates a total of $15,357,400 and caps the number of authorized full-time equivalent positions at 35.25. 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. Inflationary adjustments include $28,100 for membership dues. Funding for replacement items includes $53,500 for the replacement of office computer equipment. For statewide cost allocation, $186,100 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. The bill funds five line items, which provide 1.00 FTP and $108,400 for the Associate Academic Officer, $20,000 for Career Information System Enhancements, $263,000 for Master Educator Premium Portfolio review, $100,000 for the K-12 Task Force, and $100,000 for external program evaluations.

Amends existing law to revise the method of computing a taxpayer's net operating loss.

This bill relates to income taxes. 2018 House Bill 463 allows a deduction for the IRC section 461 loss limitation related to excess business losses. The bill provides that IRC section 461 loss limitation be added back to compute the Idaho net operating loss (NOL). It is more appropriate for this amount to be subtracted to ensure the taxpayer gets the benefit of the limited loss for Idaho in case there is no Idaho NOL. Also, the amount of the subtraction allowed should be limited to the excess business loss under IRC section 461(l)(1)(B) rather than to all amounts limited by that section. 2018 HB 463 also allowed a new noncorporate business expense under IRC 199A. This bill requires any expense allowed by IRC 199A to be added back in section 63-3021(b)(5) so the expense does not create or increase the Idaho NOL.

Stating findings of the Legislature and rejecting a certain rule of the State Tax Commission relating to Sales and Use Tax Administrative Rules.

This legislation rejects certain sections of rule of the Idaho State Tax Commission relating to sales and use tax administrative rules in Docket No. 35-0102-1803, Section 106, Subsection 05.b.

Relates to the appropriation to the Department of Finance for fiscal year 2020.

This is the FY 2020 original appropriation bill for the Department of Finance. It appropriates $8,934,800 and caps the number of authorized full-time equivalent positions at 63.00. 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. Replacement items include $31,000 for computers. 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. This budget includes four line items. Line item 1 provides $384,000 for costs associated with moving the department to the Chinden Campus. Line item 2 transfers $81,900 from personnel costs to operating expenditures. Gov Tech 1 provides the department's portion of the network equipment replacement in the OITS budget. Gov Tech 3 reduces 4.00 FTP and $179,000 in accordance with the Governor's Technology Initiative to consolidate and secure IT services. Overall, this budget is a 3.3% increase above the FY 2019 original appropriation. Section 3 of the bill provides continuous appropriation authority regarding the Idaho Residential Mortgage Practices Act.

Relates to the appropriation to the Division of Financial Management for fiscal year 2020.

This is the FY 2020 original appropriation bill for the Division of Financial Management. It appropriates $2,035,900 and caps the number of authorized full-time equivalent positions at 15.00. 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. 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. This budget includes one line item. Gov Tech 4 provides $9,500 in accordance with the Governor's Technology Initiative to consolidate and secure IT services. Overall, this budget is a 3.9% increase above the FY 2019 original appropriation.

Relates to the appropriation to the State Board of Education and the Board of Regents of the University of Idaho for College and Universities and the Office of the State Board of Education for fiscal year 2020.

This is the FY 2020 original appropriation bill for College and Universities. It appropriates a total of $604,248,500 and does not cap the number of authorized full-time equivalent positions. 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. Inflationary adjustments include $2,764,700 from dedicated funds for general inflation. Funding for replacement items includes $116,700 from dedicated funds for replacement items. For statewide cost allocation, $106,200 is provided. Nondiscretionary adjustments include an increase of $3,685,800 and endowment adjustments include an increase of $233,500. 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, which provide: $50,000 onetime from the General Fund to pilot the development of open education resources, a no-cost or low-cost electronic textbook option for students; $150,000 in ongoing operating expenditures from the General Fund for Idaho's postsecondary institutions to join a dual enrollment registration system; and 3.18 FTP and $887,800 ongoing from the General Fund ($115,900 for personnel costs, $771,900 for operating expenditures) for occupancy costs of Boise State University, Idaho State University, and University of Idaho. DISCLAIMER: This statement of purpose and

Relates to the appropriation to the Department of Health and Welfare for fiscal year 2019.

This is an FY 2019 supplemental appropriation bill for the Department of Health and Welfare for the following programs: Adult Mental Health, Foster and Assistance Payments, Benefit Payments, Indirect Support Services, and Substance Abuse Treatment and Prevention. The bill provides $520,000 to cover the increased contract costs for overseeing substance use services, while also providing offsetting reductions from Indirect Support Services and the Benefit Payments Program for a net zero impact to the General Fund. The bill also appropriates and transfers $1,600,000 to the Public Health Districts for the Home Visitation Program. ThesemoneyswereoffsetwithexistingappropriationfromtheAdultMentalHealthProgram. The bill includes language directing the transfer and use of funds for each Public Health District, and requiring a report from the Health Districts on the implementation of the funds. Finally, the bill reduces the current year appropriation in the Adult Mental Health Program and the Benefit Payments Program by a total of $2,000,000. The department was not going to be able to use this appropriation in FY 2019, and the funds are being returned to the General Fund to be used for other purposes.

Amends existing law to provide for the appointment or designation of an evaluation committee when a criminal defendant's alleged incompetency may be the result of a developmental disability.

Under current criminal code, if a court suspects that a person is incapable of standing trial because of a developmental disability, the judge may have the person evaluated by either a single licensed psychologist, a psychiatrist, or by an evaluation committee. An evaluation committee consists of a physician, a psychologist, and a social worker who have been specially trained and qualified to evaluate the competency of an individual with developmental disabilities to stand trial. Proposed changes to the criminal code §18-211 will require courts to use an evaluation committee if a developmental disability is suspected to be the cause of the apparent incompetence to stand trial. Utilization of an evaluation committee will increase the accuracy of competency recommendations to the court, thereby limiting unnecessary incarceration and avoiding dangerous placements that create vulnerability to other clients. The proposed changes also make the code consistent with other statutes regarding developmental disabilities. The developmental disabilities statues regarding guardianship (§66-404), civil commitment (§66-406), and competency to stand trial for minors (§20-519A) all allow only an evaluation committee to make recommendations regarding these actions to courts.

Relates to the appropriation to the Commission of Pardons and Parole for fiscal year 2020.

This is the FY 2020 original appropriation bill for the Commission of Pardons and Parole. It appropriates a total of $3,497,400 and caps the number of authorized full-time equivalent positions at 37.00. 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. Inflationary adjustments include $7,000 for office space lease costs. For statewide cost allocation, $5,200 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 two line items, which provide $20,000 for parole instrument validation and $9,500 for information technology consulting.

Amends existing law to establish the Office of the Administrative Rules Coordinator in the Division of Financial Management.

This bill transitions the Office of the Administrative Rules Coordinator (OARC) to the Division of Financial Management (DFM). Currently, DFM analysts review all rules submitted by agencies and then agencies work with OARC on technical aspects of publishing rules in the state's Administrative Bulletin. This transition will streamline executive branch processes, create efficiencies in state government, and promote higher quality rulemaking for all rules that will be subject to legislative review.

Relates to the appropriation to the Industrial Commission for fiscal year 2019.

This is an FY 2019 supplemental appropriation bill for the Industrial Commission. It provides $847,400 to relocate the agency to the Chinden Campus.