Idaho Bills

Adds to existing law to establish the Commercial Property Assessed Capital Expenditure Act to allow willing owners of certain properties to obtain financing for qualifying improvements.

Commercial Property Assessed Capital Expenditure Act (CPACE) is a financing structure in which commercial building owners borrow money for certain energy and water-related projects and make repayments via an assessment on their property tax bill. The financing arrangement then remains with the property even if it is sold, facilitating long-term investments in building performance. CPACE is funded by private investors and administered by local government. Local governments, lenders, and commercial building owners must enter this program voluntarily. There is no impact on property taxpayers.

Amends existing law to establish provisions governing pharmacy benefit managers.

Pharmacy Benefit Managers (PBM) are third party administrators under contract by health/prescription plans, employers and government entities to manage prescription drug programs for health plan recipients. PBMs administer the prescription drug benefit for nearly every public and private health plan in the United States. PBMs decide which pharmacies are included in a prescription drug plan's network and how much the pharmacy will be paid for dispensing services. The purpose of this legislation is to establish parameters and standards for how Pharmacy Benefit Managers operate in Idaho, requiring fairness, transparency and free market operations; things all other businesses in Idaho must operate under, but on which Idaho’s law remains silent for PBMs. This legislation adds new definitions; lays out requirements that make contracts with pharmacies transparent and fair; requires PBMs to provide transparent pricing on drugs; and requires PBMs to report to the Department of Insurance in a transparent way. PBMs already operate under these provisions in other states; these additions will help protect Idahoans’ health care dollars as well.

Amends, repeals, and adds to existing law to provide for legal representation.

This legislation removes the responsibility of the Office of the Attorney General to provide legal representation to the Idaho Department of Lands and allows the Department to hire or contract its own legal counsel.

States findings of the Legislature and approves pending and temporary rules of the Department of Health and Welfare and the Division of Occupational and Professional Licenses reviewed by the House Health and Welfare Committee and the Senate Health and Welfare Committee, with exceptions.

The House and Senate Health and Welfare Committees reviewed pending rules for both the Department of Health and Welfare and the Division of Occupational and Professional Licenses. During that review the committees rejected certain sections which were not consistent with legislative intent.

Adds to existing law to preempt laws regarding guaranteed income programs that are not expressly authorized by state statute.

The bill aims to prohibit local governments in Idaho from establishing or enforcing any laws, rules, regulations, or ordinances that provides payments to individuals under guaranteed income programs. These programs are defined as those offering regular, unconditional cash payments for any purpose, excluding those requiring work or training from recipients. The legislation declares such local efforts null and void unless explicitly authorized by state statue.

States findings of the Legislature, declares the importance of civics education, and supports teaching responsible citizenship in Idaho public schools.

ThisConcurrentResolutionworkstoensurethattheStudentsofIdahoaretaughttheimportanceofthehistoryof Western Civilization, the founding principles of our unique form of government, and responsible participation in civic life, within applicable Social Studies, Civics, Government, U.S. History, and Western Civilization courses. Students’ lack of understanding in regard to civic concepts threatens the integrity of our Republic. Our nation must acknowledge its history in order to engage with the present.

Amends existing law to revise the definition of “aggravated offense.”

ThisisacorrectionofanunintendedloopholeinIdahoLaw, 18-8303. ThiscorrectionwaspointedoutbyJudge Tingey recently in a brief on his ruling, March 26, 2023, in which he stated: "Clearly, the application of the current statutory scheme raises questions as to whether the clear language of the statute accurately reflects the legislature's intent. Indeed, what is considered and not considered to be an aggravated offense seems contradictory in view of the ages of the victims. Still, this Court may not rewrite legislation which is clear and unambiguous even though it may defy common sense."

Amends existing law to revise provisions regarding flood control districts.

This legislation updates the Title 42, chapter 31 Flood Control District Act title, policy statement and FCD authority, and creates or modifies definitions, to reflect the districts' actual flood management role in flood risk reduction, flood response, and flood recovery.

Amends existing law to provide for requirements regarding reporting for a sentencing hearing.

This bill is a product of the recommendations of the Human Trafficking report required by H.B. 341a (2023). That report recommended the development of standardized training, screening, and assessment tools for Human Trafficking victims, which this bill provides. The Idaho Department of Juvenile Corrections (IDJC) will collaborate with counties to support the development of the screening.

Amends existing law to define terminology and to establish a certain exemption from licensure.

This Legislation amends section 54-5805, Idaho Code, to define hairpieces and toupees as natural or synthetic hair that is affixed to a person’s scalp via a bonding agent. Additionally, this legislation defines wigs and exempts wig sellers from cosmetology licensure.

Amends existing law to establish provisions for directed payments to qualifying hospitals.

This legislation authorizes the Department of Health and Welfare to seek approval from the Centers for Medicare and Medicaid Services (CMS) to establish a program for state directed payments under Idaho’s Managed Care statute. Directed payments are the mechanism that states with managed care plans use to provide supplemental payments to hospitals to offset losses associated with providing services to Medicaid patients. The Idaho Behavioral Health Plan is the first time that hospitals have been contracted through a managed care program.

Amends existing law to revise provisions regarding the release of certain liens.

This bill proposes a change to Idaho Code, Chapter 5, Title 45 that governs mechanic's liens to reflect industry best practices. Specifically, setting a time certain that the lien must be enforced within six months of filing to ensure consistency and predictability for all parties involved.

Amends existing law to provide penalties for improper homestead exemption claims and to provide for information-sharing between certain government entities.

Thislegislationprovidesapenaltyforataxpayerclaimingmorethanonehomesteadexemptionforpropertytax. Thefirstviolationisafinancialpenaltywithsubsequentviolationsbeingsubjecttoamisdemeanor. Further, this legislation allows for sharing of information to the Secretary of State to assist in determining that this taxpayer is only voting or running for office in their primary residence. It also clarifies what information needs to be collected to make such determinations.

States findings of the Legislature and approves pending rules of the Idaho State Board of Tax Appeals reviewed by the House Revenue and Taxation Committee and the Senate Local Government and Taxation Committee, with exceptions.

This Concurrent Resolution shows the House Revenue and Taxation Committee reviewed and approved Administrative Rules presented by the Idaho Board of Tax Appeals, Docket Number 36-0101-2301, with the exception of Sections 020., 021., and 036. The Senate Local Government and Taxation Committee reviewed and approved all the Administrative Rules by the Idaho Board of Tax Appeals, Docket Number 36-0101-2301.

Amends existing law to revise provisions regarding pesticide and chemigation applicators and licensing, chemical suppliers, and inspections.

This legislation will streamline requirements for chemigation applicators. Idaho law currently aligns licensing for all pesticide application types with federal regulation, even though the federal regulation does not mandate chemigation licensing. This legislation will decouple chemigation from the federal licensing structure and allow Idaho to implement a state structure developed with our farmers and applicators.

Amends and repeals existing law to remove an obsolete code section and references to that code section.

This legislation repeals Idaho Code Section 44-2012, which the United States Court of Appeals, Ninth Circuit, held in 2015 was pre-empted by the National Labor Relations Act (NLRA) in Idaho Building and Construction Trades Council, AFL-CIO v. Inland Pacific Chapter of Associated Builders and Contractors, Inc. The result is the statutory language contains dead letters that are of no force or effect in Idaho law and should be removed to avoid confusion for those who come across the statutory language and think it is valid.