Idaho Bills
629 bills · 2020 Regular Session
Stating findings of the Legislature and authorizing the Idaho Division of Veterans Services to enter into an agreement with the Idaho State Building Authority.
This legislation establishes the State of Idaho's commitment to request a federal grant(s) to construct and fund the construction of a new nursing home to replace the 158-bed, 55 year old Boise Veterans Home at a new site located on the State Chinden Campus in Boise, and construct a 40-participant adult day health care center at either the existing Veterans Home property or on the Chinden Campus. This commitment is necessary for the Idaho Division of Veterans Services (Division) to proceed with the application for the federal grant to provide 65% of the allowable construction cost for these projects. It is the intent of the Division to meet the April 15, 2020 and August 1, 2020 U. S. Department of Veterans Affairs (VA) grant application deadlines and be on the federal FY2021 Priority List.
34 – 0
Adds to existing law to prohibit governments in this state from expending funds to a provider of abortion and to provide exceptions.
This legislations would prohibit the transfer or expenditure of public monies to any individual or organization which is a provider of abortion services, except where the prohibition is expressly not permitted by federal law. This prohibition applies at all levels of government in Idaho, including state, county, city and public health districts.
Adds to existing law to provide for petitions for annexation of land, to provide that guardians and administrators may sign petitions, to provide for notice of petition, to provide for hearing of petitions, to provide for orders rejecting or accepting petitions, and to provide that orders be recorded.
This legislation creates a procedure for landowners to file petitions with a flood control district seeking the district's approval to annex their lands into the district.
30 – 2
Relates to the appropriation to the Public Employee Retirement System of Idaho for fiscal year 2021.
This is the FY 2021 original appropriation bill for the Public Employee Retirement System of Idaho (PERSI). It appropriatesatotalof$9,183,100andcapsthenumberofauthorizedfull-timeequivalentpositionsat73.00. For benefitcosts, thebillmaintainsthecurrentappropriatedamountforhealthinsuranceat$11,650pereligibleFTP andtemporarilyremovesfundingfortheemployer'ssickleavecontributionrate. Fundingforreplacementitems includes $431,700 for servers and storage, desktop and laptop computers and monitors, phones, and a printer. The bill also provides funding for the equivalent of a 2% change in employee compensation for permanent state employees, with an additional 2% increase for those in the 20 job classifications most in need of equity adjustments. Funding for a 3% upward shift in the compensation schedule is also included. The bill funds four line items, which provide 1.00 FTP and $185,100 for an internal actuary; 2.00 FTP and $152,100 to create two positions under a new retirement specialist classification; 1.00 FTP and $69,700 for one additional traditional retirement specialist; and $7,000 for increased software licensing costs. Also included are adjustments to pay the Office of Information Technology Services for security software and data center office space located at the Chinden Campus.
35 – 0
Amends existing law to provide a certain limitation for private property and to provide that certain persons may not serve as a commissioner for an urban renewal board.
This bill includes two changes to Idaho's urban renewal law: 1. Currently, urban renewal boards are not required to be elected by the citizens, but they have the power of eminent domain. These boards are created by a municipality whose governance, be it city council or county commission, are elected by the people and also have the power of eminent domain. This bill seeks to remove the power of eminent domain from unelected urban renewal boards, making them advisory only on such issues, and moving the final decision to the elected municipal body. This will result in more direct accountability to the voters. 2. If an elected person is appointed to an urban renewal board, they must vacate their position upon leaving that elected position, though this would not preclude them from being reappointed in a different capacity.
29 – 5
Amends existing law regarding hunting upland game birds on certain lands.
Current Idaho law limits the permit requirement for hunting stocked upland game birds to state wildlife management areas (WMAs), and identifies the permit required to hunt stocked birds as a "WMA Upland Game Bird Permit." This bill expands the permit's applicability to hunt stocked pheasants to department-owned lands, lands managed under agreement with the department and private lands enrolled in a department-sponsored public access program and deletes "WMA" from the name of the permit to reflect this change.
31 – 1
Amends existing law regarding tobacco products and electronic smoking devices.
This legislation would amend the Prevention of Minors Access to Tobacco Act by incorporating electronic smoking devices into the definition of tobacco products, creating parity between traditional tobacco products and new, emerging electronic smoking devices and products. It also allows the Department of Health and Welfare to permit all retailers of electronic smoking devices and other vape products in the same manner that traditionaltobaccoproductretailersarecurrentlypermittedthroughthestatefortobaccosales. TheDepartment is directed to establish a minimal fee on retailer permits in accordance with increased cost to the Department for issuance of permits, compliance inspection, and administration. This fee would be delayed one year to assess the need and amount.
Adds to existing law to authorize a city to develop and maintain a communications network and offer communications service within city limits.
This legislation provides authority to cities to establish and operate communications networks and offer communications services within the corporate limits of the city and under similar conditions as a private industry communications service provider. This legislation essentially allows the cities and private industry communications service providers a fair and level competitive playing field.
Amends existing law to define the term “willful or reckless misconduct.”
This legislation defines the term "willful or reckless misconduct," as used in Idaho Code Title 6, Chapter 16. A recent Idaho Supreme Court case noted the absence of a definition, which has caused uncertainty concerning the proper definition. Defining the term is important in order to bring clarity to Idaho liability laws.
31 – 1
Stating findings of the Legislature and amending the retroactive cost of living adjustment approved by the PERSI board at its December 2019 meeting.
The Board of the Public Employees Retirement System of Idaho (PERSI) met in December and approved a 6.54% Cost of Living Adjustment (COLA) for retired plan participants. This includes a 1% mandatory adjustment, a 0.7% current-year discretionary adjustment (based on 2019 CPI-U), and a 4.76% application of "retroactive" adjustments that the Board is also allowed to apply. Thesenon-mandatoryadjustmentshaveacosttoPERSIof$374,400,000. Bystatute,theIdahoLegislaturemay adjust the Board's direction. This must be done by the 45th day of the legislative session through a Concerrent Resolution. Otherwise, the discretionary adjustments become effective on 1 March 2020. We should not be approving such a large COLA. Employer and employee contribution rates are at record highs. Even after a record bull market, PERSI is still below 100% funded. And we could experience a choppy future. This Concurrent Resolution strikes a balance by allowing this year's discretionary adjustment of 0.7% to go forward but holds off on giving the 4.76% in "retroactive adjustments. Added to the 1% mandatory adjustment, this would provide a 1.7% COLA.
Stating findings of the Legislature and providing for a joint rule of the Senate and the House of Representatives for the display of the words “In God We Trust” above the chairs of the presiding officers.
The purpose of this Resolution is to recognize the historical significance of our nation's motto "In God We Trust." President Abraham Lincoln was the first President to recognize the importance of these four words. In a time of national strife and Civil War, President Lincoln's Secretary of the Treasury, Salmon Chase, received a request from a Pennsylvanian calling for some recognition of God in a national motto. While some would say this motto represents one faith, its purpose was proposed to bring the nation back to one united country, which embraces many different faiths and spiritual persuasions. The motto also recognizes the significant trust it took for the first Europeans to leave their family roots and sail off into an unknown world. It recognizes the faith of so many of American immigrants of all previous and current generations who recognized something very unique about our great nation. It was a recognition that true freedom originates from a source higher than any king or government. The authors of our nation's Declaration of Independence openly declared the following: We hold these truths to be self-evident, that all men [and women] are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty and the pursuit of Happiness.The Preamble to the Constitution of the United States declares the following: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence [sic], promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. Placing "In God We Trust" in the Senate and House Chambers will acknowledge the importance that these four little words have had on the formation of our nation and will serve as a constant reminder of the importance of the work done in the Idaho Legislature as we serve
29 – 3
Relates to the appropriation to the Public Utilities Commission for fiscal year 2021.
This is the FY 2021 original appropriation bill for the Public Utilities Commission. It appropriates a total of $6,554,200 and caps the number of authorized full-time equivalent positions at 49.00. For benefit costs, the bill maintains the current appropriated amount for health insurance at $11,650 per eligible FTP and temporarily removes funding for the employer's sick leave contribution rate. Funding for replacement items includes $28,200 for software maintenance. The bill also provides funding for the equivalent of a 2% change in employee compensation for permanent state employees, with an additional 2% increase for those in the 20 job classifications most in need of equity adjustments. The bill funds one line item, which provides $8,100 for a 2% change in employee compensation for the three Public Utilities Commissioners. Also included are adjustments to pay the Office of Information Technology Services for security software and data center office space located at the Chinden Campus; and software licensing, server infrastructure, and storage to expand system capabilities on core systems and to maintain agency-specific software. Section 3 of the bill amends Section 61-215, Idaho Code, to raise the Public Utilities Commissioners' annual salary to $112,275 to allow for the 2% increase funded in line item 1.
68 – 0
Adds to existing law to provide for a rebate of certain sales taxes to a developer of a fulfillment center for certain approved transportation improvements.
This legislation provides that a fulfillment center that builds a road project in excess of $6 million ($6,000,000) which has been approved by the Idaho Transportation Department can retain 60% of the new sales tax revenues generated by the fulfillment center to compensate them for the funds expended in the construction of the road project. It also caps the amount of reimbursement at $35 million ($35,000,000).
Amends existing law to revise provisions regarding construction work and the application of water to full beneficial use, lapses of permits, and the issuance of licenses and to provide for extensions of time and permits held by municipal providers for reasonably anticipated future needs.
This legislation modifies the current process for issuing permits and licenses to municipal providers for "reasonably anticipated future needs" water rights (also known as "RAFN" water rights). A RAFN water right authorizes a municipal provider to secure a long term municipal water supply and develop the municipal water use over an extended period of time known as the planning horizon. Under current law, proof of beneficial use for RAFN rights is often due years or decades before the planning horizon ends. As a result, the Idaho Department of Water Resources ("IDWR") must issue a water right license based on a revised estimate of the amount of water that the municipal provider will beneficially use by the end of the planning horizon. The estimate is based partly on population growth projections and partly on the capacity of the water system constructed or used when proof of beneficial use is submitted. Installing capacity may require municipal providers to invest in water delivery infrastructure before it is needed. Equating capacity and projected population growth to future beneficial use causes difficulty for the Department in issuing the final license and creates uncertainty for municipal providers. This legislation reduces uncertainty in the water right licensing process by causing the development period for RAFN rights to correspond to the planning horizon and by authorizing the Director of IDWR to license RAFN water rights in incremental steps based upon actual beneficial use up through the end of the development period. In accordance with Idaho Supreme Court precedent, the provisions set forth in this legislation will apply to applications for RAFN permits approved after the effective date of this legislation, even if the application was submitted prior to the effective date of this legislation. The legislation states how it will apply to permits in existence at the time of the effective date of this legislation. The legislation also includes other clean-up r
68 – 0
Amends existing law to revise nomination provisions for commission seats.
Currently, the Idaho Rangeland Resource Commission is comprised of five (5) members, all of whom are appointed by the Governor. The Idaho Cattle Association nominates and submits names for two (2) seats on the Commission. The Idaho Wool Growers Association nominates and submits names for one (1) seat on the Commission. And, the Idaho Rangeland Committee is charged with nominating and submitting names for the remaining two (2) seats on the Commission. Recently, the Idaho Rangeland Committee has become inactive, so the purpose of this legislation is to designate other entities to nominate and submit names for their two (2) seats. This legislation names the Partners Advisory Council (PAC) of the University of Idaho Rangeland Center to nominate and submit names for one (1) of those seats formerly nominated by the Idaho Rangeland Committee. The Idaho Rangeland Resource Commission will nominate and submit names for the remaining seat, who will serve in an at-large capacity on the Commission.
70 – 0
Amends existing law to provide requirements regarding annexation of certain forest land.
This legislation prevents land actively devoted to forestry from being annexed without the express written permission of the owner.
30 – 2
Adds to existing law to provide for voluntary contributions for organ donation education at the time of application for motor vehicle registration or motor vehicle registration renewal.
Provides for a voluntary donation contributions of up to $5.00 which may be made at the time of registering or re-registering a vehicle in the state of Idaho. These voluntary funds will go to an organ donation education fund.
Amends existing law to provide certain exemptions for battery against health care workers.
This bill keeps intact the felony charge available for those who deliberately assault medical personnel, while protecting those who are actively in a mental health crisis or actively seeking mental health care from the enhancedpenalty. Thisbillmakesnochangetoandprovidesnoexemptionsforpenaltiesforaggravatedbattery.
Amends existing law to revise provisions regarding a review of teacher evaluations, to provide that certain data shall be submitted to the state for career ladder purposes, and to provide that master educator premiums shall no longer be granted after a certain date.
This legislation has three major components. First, it clarifies the information documented, reported and reviewed for professional and advanced professional performance criteria, including the data on students meeting their measurable student achievement and student success indicator targets. These changes update sections 33-1001(19) and 33-1004B(10), Idaho Code. Second, a deadline of November 1 is set for the audit of teacher evaluations, updating 33-1004B(9), Idaho Code. Third, Master Educator Premiums (MEP) program is sunsetted, with no new applications accepted after this year, no new awards provided after next fiscal year, and all provisions null, void, and of no force after July 1, 2024, amending 33-1004I, Idaho Code. The state will continue obligations for the current MEP recipients. Overall, this legislation complements and builds on efforts this year to expand the career ladder over the next five years while lowering the costs to the state by sunsetting the MEP program.
32 – 0
Relates to the appropriation to the Department of Labor for fiscal year 2021.
This is the FY 2021 original appropriation bill for the Department of Labor. It appropriates a total of $97,252,200 and caps the number of authorized full-time equivalent positions at 708.58. For benefit costs, the bill maintains the current appropriated amount for health insurance at $11,650 per eligible employee and temporarily removes funding for the employer's sick leave contribution rate. The bill also provides for the equivalent of a 2% change in employee compensation for permanent state employees, with an additional 2% increase for those in the 20 job classifications most in need of equity adjustments. Funding for a 3% upward shift in the compensation schedule is also included. The bill funds three line items, which provide $150,000 for visual threat analysis software; $690,000 for additional network hardware; and 26.00 FTP and $6,248,700 for the Job Corps Demonstration Project. Also included are adjustments to pay the Office of Information Technology Services for security software and data center office space located at the Chinden Campus; and billing adjustments in excess of current appropriations. Lastly, the ongoing General Fund appropriation is reduced by 2%.
57 – 12
Amends existing law to require training on the constitional rights of persons involved in child protection investigations.
Child Protection Service(CPS) employees of the Idaho Department of Health and Welfare are already required to be trained in the legal and constitutional rights of those they are investigating. This legislation adds a subsection that identifies which rights, in particular, the legislature would like the CPS employees to be trained in.
54 – 15
Stating findings of the Legislature and endorsing the need for the Idaho Division of Veterans Services to request federal grants to expand the Boise Veterans Cemetery and to fund the renovation of safety projects at the State Veterans Homes in Lewiston and Pocatello.
This legislation establishes the State of Idaho's commitment to request federal grants to expand the Boise Veterans Cemetery and fund the renovation of multiple categorized life safety projects at the Lewiston and Pocatello Veterans Homes. The Veterans Cemetery Grant projects include construction of Memorial Walls in the upper portion of the cemetery; survey of available sections for in-ground urn burial plots; and survey, design and construction of two additional Columbarium Walls. The State Home Construction Grant projects include a dining room expansion at the Lewiston Veterans Home; doors and hardware replacement at the Pocatello Home; replacement of the residents' rooms and shared bathrooms flooring in Lewiston; and installing an electric name badge and door security system at both veterans homes in Lewiston and Pocatello. Depending on cost estimates, the Home Construction Grant Program may also include a handrail for the Pocatello Home and upgrading the nurse call system in Lewiston and Pocatello. This resolution is necessary for the Idaho Division of Veterans Services (IDVS) to proceed with the application for the federal grant funds to provide 100% of the allowable expansion costs at the Veterans Cemetery and 65% of the allowable costs for the life safety projects at the Veterans Homes in Lewiston and Pocatello.
34 – 0
Amends existing law to clarify that motorists must abide by railroad crossing laws with respect to on-track equipment traveling on railroad tracks.
Currently under Idaho Code, a motorist is responsible to stop fifty (50) feet, but not less than fifteen (15) feet, awayfromarailroadcrossingwhena"train"isapproaching—"on-trackequipment"isnotmentioned. Modern on-trackmaintenanceequipmenthasevolvedinto“trainlike”machinesthatpresentthesamedangersasatrain. This legislation adds the language “or other on-track equipment” into Idaho Code anywhere it delineates a motorist’s responsibilities at a railroad crossing or when a “train” is present. This legislation is a simple rail safety effort supported by the railroad carriers, rail safety advocates, rail labor, and railroad contractors. There has been no opposition because this is a public safety issue. Twenty-eight states have already passed this legislation and an additional seven states are in the process of passing it.
34 – 0
Adds to existing law to provide certain registration and reporting requirements, to prohibit certain actions, to provide certain requirements for maximum allowable cost pricing, and to prohibit the retroactive denial or reduction of a claim in certain instances.
Pharmacy benefit managers (PBMs) are third party administrators under contract by health plans, employers, and government entities to manage prescription drug programs for health plan recipients. This bill does four key things: 1. Adds transparency to the pharmacy process in Idaho by requiring PBMs that operate in our state to register annually with the Department of Insurance; 2. Provides Idaho pharmacists more flexibility in informing patients how they can pay less out-of-pocket for prescriptions by prohibiting "gag clauses." Currently, gag clauses are prohibited by Federal law on Medicare Part D and Advantage plans; this legislation extends that to all plans that operate in the state; 3. Ensure transparency by PBMs on how they determine the maximum allowable cost (MAC) they reimburse pharmacies for prescriptions and require PBMs to update pharmacies regularly on MAC price changes; and, 4. Prohibits PBMs from retroactively denying or reducing a claim for reimbursement, except for legitimate reasons.
Amends and adds to existing law to authorize sample tastings of liquor in state liquor stores.
This legislation is substantially similar to a bill introduced in 2019. This bill would establish a framework for tastings at state-owned and operated liquor stores. Contract stores would not be allowed to host tastings. The bill sets limits on servings based on the same requirements currently in place for distilleries. The bill also defines those limits, as well as how the alcohol can be served and who serves it. The director of the Idaho State Liquor Division would approve all tastings and be responsible for oversight.