Idaho Bills

Appropriates an additional $300,000 from the General Fund to the Department of Water Resources for fiscal year 2018; and authorizes an additional 2 full-time equivalent positions for fiscal year 2018.

This trailer appropriation bill funds S1101 in the amount of $300,000 from the General Fund. In the Snake River Basin Adjudication ("SRBA"), small stockwater right holders were not required to file claims in the adjudication, but could defer the filing until a later time. S1101 encourages stockmen grazing livestock on federal lands to file the deferred water right claims by limiting the filing fee payment to no more than $100, and exempts the stockmen from any cost of publication, or any costs of investigation, assistance, and recommendation by IDWR. There will be no other fees or costs imposed for such claims. S1101thencontemplatesthatIDWRwillassumethecostsofinvestigation,assistance,andrecommendation.

Amends existing law to provide additional forms of personal identification that may be presented at the polls.

The purpose of this legislation is to amend Section 34-113, Idaho Code, in order to approve an additional form of identification because a person must provide a form of personal identification at the polls before voting or at absent electors polling places.

Appropriates $13,975,800 for the Public Schools Educational Support Program/Division of Central Services for fiscal year 2018; directs the use for literacy programs, intervention services, math initiative programs and limited English proficiency programs; directs the use of funds for student assessments; directs the use for wireless technology infrastructure; directs the use for professional development; provides legislative intent for content and curriculum; provides guidance on year-end reconciliation; provides legislative intent for technology content and curriculum; and defines terms.

ThisistheFiscalYear2018appropriationfortheCentralServicesDivisionofthePublicSchoolsEducational Support Program in the amount of $13,975,800, which is a decrease of 4.7% over the current appropriation. This division includes those moneys in the public schools support budget that are expended at the state level for the benefit of all school districts. There are eight line items in this appropriation. Line item 1 provides $2,142,000 one-time from the General Fund for statewide Wi-Fi services. This is for the final year of the five year contract. Line item 3 removes $950,000 from contracting for digital content and curriculum and transfers this amount to the Children's Division to be distributed to school districts and charter schools. Line item 5 provides $300,000 for Mastery-Based Education transferred in from the Children's Division to be used to contract for professional development to be made available statewide. Line item 6 removes $750,000 previously transferred from State Department of Education to the Office of the State Board of Education to conduct school improvement evaluations. Line item 7 provides $800,000 for an increase in English language curriculum. Line item 8 adds $61,300 for literary coach positions. Line item 9 reduces $300,000 from the General Fund to contract for services to train administrators on teacher evaluations. Line item 10 adds $110,000 from the General Fund from the Children's Division to the Central Services Division for continued maintenance and development of online portals pursuant to Section 33-1024, Idaho Code.

Amends existing law to provide that pharmacists may make certain prescriptions as authorized by rule of the Board of Pharmacy.

This bill amends the definition of the practice of pharmacy to increase patient access to certain categories of medications that are low risk, if used under the supervision of a pharmacist. Specifically, it would allow the Board of Pharmacy to designate by rule products that patients may obtain directly from a pharmacist for conditions that do not require a diagnosis, conditions that are minor and self-limiting, and conditions that have a simple CLIA-waived laboratory test which guides clinical decision making. Other states have been able to achieve improved health outcomes and lowered overall healthcare costs from similar policies.

Adds to and amends existing law to authorize personal delivery devices to operate on sidewalks of the state.

This legislation defines "personal delivery device" and "personal delivery device operator." It provides an exception for personal delivery device in the definition of motor vehicle, and clarifies that personal delivery devices may operate on sidewalks. The legislation gives cities, counties, and highway districts the authority to adopt regulations for the safe operation of personal delivery devices. Finally, it adds a new section of code that lists requirements for and restrictions on personal delivery devices.

Amends existing law to provide for plug-in hybrid vehicle fees, to provide an exception regarding fees for electric vehicles, to revise fee provisions regarding certain hybrid vehicles; and to provide for the apportionment of fees.

Atypical,all-gasolinehybridvehiclederivesallofitsmilesfromgasoline,thesamewayatraditionalvehicle does. The owners of all-gasoline hybrids already pay the appropriate gas tax at the pump. A plug-in hybrid, however, uses the electrical grid as one of its power sources, thus avoiding paying its fair share of gas tax. This legislation removes the additional registration fee for all-gasoline hybrid vehicles while continuing to charge the fee for plug-in hybrids. This legislation also exempts neighborhood electric vehicles from the electric vehicle fee. Emergency clause included.

Amends existing law to provide for the dual enrollment of a student in a public charter school and to provide for related restrictions and clarifications.

Section 33-203, Idaho Code requires school districts to allow students who are enrolled in a non-public school or a public charter school to be dually enrolled in the school district. This is typically done if a student is attending a school that does not have an elective program such as band or an athletic program. The enrollment is restricted to a school district whose attendance zone the student resides in. There has been some confusion if this also applies to other charter schools whose attendance area the student resides in. The proposed amendments would clarify that the provisions apply to all public schools including charter schools and would specify that these students are not calculated in the charter schools cap and that this provision cannot be used to circumvent the charter schools lottery process.

Amends existing law to revise penalties for certain violations.

This is one of the bills that the Supreme Court has recommended in its annual report to the Governor concerning defects or omissions in the law as required under article V, section 25 of the Idaho Constitution. Chapter 27 of title 49 contains provisions concerning how funeral processions are to be conducted, and also specifiesthatpedestriansanddriversmustyieldtheright-of-waytofuneralprocessions,andmaynotinterfere withthem. I.C.§49-2706statesthataviolationoftheprovisionsofthechapterisamisdemeanorpunishable by a fine of up to $100; there is no jail time for this offense. This bill would make these offenses traffic infractions, unless the interference is knowing and intentional, in which case it would be a misdemeanor punishable by both a fine and a possible jail sentence.

Appropriates an additional $1,010,000 to the Department of Agriculture for fiscal year 2017, for watercraft inspection stations; and authorizes 3 additional full-time equivalent positions.

This is a supplemental appropriation to the Department of Agriculture for fiscal year 2017 for watercraft inspectionstations. Thesestationsareusedtoinspectwatercraftforthepresenceofaquaticinvasivespecies. Last season, the Idaho State Department of Agriculture implemented an expanded level of service for the invasive species watercraft inspection stations as directed by the Legislature. The expansion, funded with one-time moneys, resulted in an increased presence throughout the state and also increased the hours that each station remained open. This expansion resulted in larger contracts for stations run by local districts and also increased costs for temporary staff to run the stations managed by the agency. This level of service could not continue without additional resources. This legislation funds three additional stations, provides funding for all 18 stations to operate from dawn till dusk, adds three full-time positions to the staff, adds funding for a new outreach program, and provides funding for county law enforcement for each station budgeted for five hours per day. The three additional stations are anticipated to be on State Highway 3 near Rose Lake, US 12 near Lenore or Lolo Pass, and on I-15 near Spencer or Dubois. The positions include an agricultural program specialist at $25 per hour in the Coeur d'Alene area and two investigator-technicians at $19 per hour, one to be located in the Magic Valley and one in Eastern Idaho. Law enforcement is calculated at 1,447 days at $50 per hour times 5 hours per day.

Amends existing law to provide that certain records of the Public Defense Commission shall be exempt from disclosure.

The purpose of this legislation is to exempt, from Idaho public record disclosure laws, applications and supporting documentation surrounding extraordinary litigation funding requests from the Idaho Public Defense Commission. The intent is to protect the confidentiality and fidelity of the court process and its participants.

Appropriates $6,709,500 to the Medical Boards for fiscal year 2018; limits the number of authorized full-time equivalent positions to 48.2; provides non-General Fund reappropriation for fiscal year 2018; and appropriates an additional $60,000 to the Board of Pharmacy for fiscal year 2017.

This is the fiscal year 2018 original appropriation for the medical boards. It includes $573,400 and 3.60 FTP for the Board of Dentistry; $2,240,200 and 15.00 FTP for the Board of Medicine; $1,544,300 and 12.00 FTP for the Board of Nursing; $2,049,200 and 15.00 FTP for the Board of Pharmacy; and $302,400 and 2.60 FTP for the Board of Veterinary Medicine. Adjustments for all medical boards include increases for employee benefit costs, adjustments for statewide cost allocation, an ongoing 3% merit-based increase in employee compensation for permanent employees to be distributed at the discretion of each director, and funding for Cybersecurity Insurance. Individual board adjustments are as follows: Board of Dentistry enhancements includes $8,600 to replace various laptops and desktops. Board of Medicine enhancements include $4,400 for a contractual building lease increase, $7,500 to replace various pieces of office equipment and furniture, $390,000 for a database upgrade, $1,900 for computer upgrades, $34,600 to implement the Medical Licensure Compact, $8,300 for the increased expenses for the Physician Recovery Network, $34,000 for a contracted IT analyst, and $10,500 to provide a pay increase for the in-house attorney. Board of Nursing enhancements include $19,500 to replace office furniture and computers, $40,000 for workforce development initiatives, and $5,700 to purchase new staff computers. Board of Pharmacy enhancements include an FY 2017 supplemental of $60,000 for a contract with the Department of Health and Welfare to monitor prescription opioid abuse, $2,000 for a contractual building lease increase, $8,400 to replace laptops, $16,400 to annualize office space expansion that was approved for FY 2017, $31,500 for disciplinary hearing fees related regulation of the pharmacy industry, $45,400 to pay credit card fees for online licensure renewals, $180,000 for the FY 2018 portion of the Department of Health and Welfare contract. This also includes intent langua

Amends existing law to revise provisions regarding who shall sign a petition for a name change, what must be specified in the petition, and how notice of a hearing of a petition for a name change must be published, and to provide that notice shall be served on certain persons regarding a hearing.

This bill has been proposed by the Supreme Court to correct and clarify provisions in the statutes regarding name changes. First, it clarifies who can petition for a name change for a minor. It also provides that an emancipated minor may petition for a name change. Second, it specifies the relatives of the minor who must be listed in the name change petition and who must be given notice of the hearing on the name change. This will provide a clear procedure for changing the name of a minor and will ensure that persons with an interest in such a name change will have the opportunity to bring their concerns to the attention of the court. Finally, it updates the provision for publishing notice of a hearing on a name change petition.

Amends existing law to establish an exemption for nonprofit corporations providing telecommunications service and delivery of electric power, and to remove certain requirements for such entities.

Performing the same responsibilities as the administrator is burdensome and costly to the nonprofit entities. After consulting with representatives of these entities, the Unclaimed Property Program has determined that the processes currently applicable to counties provides a streamlined process for the entity while still providing a report of the unclaimed property to the Program. Reports to the Program are the method by which lost owners of the property can locate the property.

Amends existing law to revise provisions regarding dividends and other distributions.

This legislation is intended to clarify the term "realized capital gains" as used in the calculation under Idaho Code 41-3812(1)(b) in determining whether a dividend or distribution is extraordinary or non-extraordinary. The notice and approval requirements vary depending on whether a dividend or distribution is deemed extraordinary or non-extraordinary. While the current statute is silent as to how capital losses are factored into the calculation, the language in Idaho Code 41-3812(1)(b) has been interpreted by the Department of Insurance to mean net realized capital gains or losses. Insurance companies strategically manage their investment portfolios on a net basis as a sound business practice. This legislation will clarify the language to ensure that the calculation appropriately takes into account realized capital gains or losses and uses the net amount in the calculation to determine whether a dividend or distribution is extraordinary or non-extraordinary.

Amends existing law to extend the sunset date.

This Bill Resets the Sunset date for the Immunization Assessment Board from 2017 to July 1, 2019.

Appropriates an additional $90,200 to the State Independent Living Council for fiscal year 2018.

Trailer appropriation to H0041: Appropriation to the State Independent Living Council for $90,200 ongoing from the General Fund ($71,700 in personnel costs, $18,500 for operating expenditures). Appropriation transfers 1.00 FTP from the State Independent Living Council Dedicated Fund to the General Fund. This position will be tasked to conduct research, development, training, and provide technical assistance related to the Achieving a Better Life Experience Act of 2014 (ABLE Act of 2014) and emergency preparedness throughout the state.

Appropriates an additional $64,900 to the Executive Office of the Governor for fiscal year 2017.

This is an FY 2017 supplemental appropriation to the Executive Office of the Governor to hire a director of information security. The director will oversee the implementation of statewide cybersecurity policies and make recommendations on compliance and other cybersecurity measures to ensure that state data systems are protected from cyber-attacks. The position was recommended by the Governor's Cybersecurity Task Force.

Repeals, adds to and amends existing law relating to elections, election contests and election offenses.

This legislation repeals existing statutes governing contests of elections for legislative seats and executive departmentofficials. Therepealedsectionsarereplacedwithanewchapterthatgovernscontestsofelections. This legislation builds on the framework of the current statutes, but clarifies and streamlines the approach in light of what was learned during the 2017 Senate contest of election. Provisions included in this legislation (and not found in the current statutory framework) include defining terms, clarifying jurisdiction over the contests, clarifying the grounds upon which an election contest may be filed, specifically providing for legislative rules to supplement the statutory approach, clarifying notice requirements and providing for an early (summary) dismissal of a contest in certain instances. Also, the awarding of costs and attorney's fees are specifically provided for in certain instances and at the legislature's discretion. Further, legislation modernizes archaic language and provisions, some of which date from the late 19th century. Finally, the legislation revises a provision of the criminal code governing certain election offenses.

Appropriates an additional $707,800 from the General Fund to the Supreme Court for fiscal year 2018; and exempts the appropriation from object and program transfer limitations.

This is a trailer appropriation bill that provides $707,800 to the Supreme Court for FY 2018 to address the fiscal impact of S1108, which provides for judicial salary increases. S1108 increases pay for magistrate judges by 2.75% from $116,500 to $119,700; district judges by 2.49% from $128,500 to $131,700; Court of Appeals judges by 5.92% from $130,000 to $137,700; and Supreme Court justices by 4.79% from $140,000 to $146,700. It also increases pay for leadership positions, which include the Chief Justice, Chief Judge of the Court of Appeals, and the seven administrative district judges, from $2,000 to $3,000 per year in addition to the regular salary. Consistent with the entire FY 2018 appropriation for the Supreme Court, this bill provides lump sum authority.

Appropriates $241,944,700 to the Department of Correction for fiscal year 2018; limits the number of authorized full-time equivalent positions to 1,987.85; and reappropriates certain unexpended and unencumbered balances.

This bill appropriates $241,944,700 to the Department of Correction for FY 2018 and caps the number of authorized full-time equivalent positions at 1,987.85. For program maintenance, the bill provides for the employer's share of increased benefit costs, inflationary adjustments, replacement items, statewide cost allocation, and cybersecurity insurance. The bill also provides for an ongoing 3% merit-based increase in employee compensation for permanent employees to be distributed at the discretion of the agency head. Thirteen line items are included, which provide $254,000 for wireless access; $463,800 for cloud-based software subscriptions; $377,300 to give pay raises to the department's instructors that correspond with those received by instructional staff in the public school setting; $411,200 to allow the department to pay overtime wages to its security staff as an alternative to allowing compensatory time to accrue; 2.00 FTP and $159,600 for an instructor and clinician to supplement the existing clinical staff at the Idaho Maximum Security Institution to allow the department to provide educational programming; a reduction of $255,000 for training savings; 1.00 FTP and $108,400 for expansion of the vocational work program to the South Boise Women's Correctional Center; $129,600 for wastewater treatment; $280,000 for expansion of a firing range; $53,600 to align the Correctional Alternative Placement appropriation with updated offender forecasts and bed utilization estimates; 12.00 FTP and $1,161,700 to hire new probation and parole officers (PPOs) in order to achieve offender-to-PPO caseload ratios of, at most, 50:1 for high, high-moderate, and low-moderate risk offenders and 170:1 for low risk offenders, in accordance with Section 20-219(4), Idaho Code; $36,500 to provide substance use disorder services; and $1,985,000 to align the Medical Services appropriation with updated offender forecasts and bed utilization estimates. Under budget law exceptions, the depar

Appropriates $22,422,800 to the Department of Administration for fiscal year 2018; limits the number of authorized full-time equivalent positions to 140; provides a dedicated fund cash transfer; directs the health insurance plan for state employees; and provides legislative intent for use of funds for a specific purpose.

This is the FY 2018 appropriation to the Department of Administration in the amount of $22,422,800 with full-time equivalent positions capped at 140. It includes $115,400 for the increased cost of benefits, $9,000 in inflationary adjustments, $65,400 for replacement items, $28,600 for statewide cost allocation, $255,300 for an ongoing 3% merit-based increase in employee compensation for permanent employees, and $100 for cybersecurity insurance. This bill also provides funding for nine items: Line item 1 provides funding for procurement training, line item2provides$1,000,000fornewofficespacefortheDivisionofPurchasing, lineitem3provides$69,700 for a claims adjudicator in the Office of Risk Management, line item 4 provides $78,900 for an IT security analyst, line item 5 is a shift of $59,100 from operating expenditures to personnel costs that nets to zero to fund a construction field representative in the Division of Public Works, line item 6 provides $49,000 for an email security license, line item 7 provides $99,900 for a licensing IT systems position, line item 8 provides $545,000 for increased firewall capacity, and line item 9 provides $52,600 for a cybersecurity penetration test. Section 4 of this act provides direction to the Office of Group Insurance regarding the state employee health insurance plan. Section 5 of this act provides legislative intent on the specific use of funds for the purchase of new office space for the Division of Purchasing related to line item 2.

Amends existing law to authorize the director and administrator of the Division of Human Resources to seek certain legal remedies regarding recruitment or retention bonuses.

To clarify ambiguity in Idaho Code Section 67-5309D (3) for the implementation, authorization, and enforcement of the issuance of recruitment and retention bonuses.

Appropriates $3,220,800 to the Secretary of State for fiscal year 2018; limits the number of authorized full-time equivalent positions to 29; and reappropriates certain unexpended and unencumbered balances.

This bill appropriates $3,220,800 to the Secretary of State for FY 2018 and caps the number of authorized full-time equivalent positions at 29.00. For program maintenance, the bill provides for the employer's share of increased benefit costs as well as decreases for statewide cost allocation. It includes an annualization and increasefortheSecretaryofState'ssalarychanges,asprovidedbySection59-501,IdahoCode,aswellasthe annualized salary of an FTP that was partially funded for FY 2017. The bill also provides for an ongoing 3% merit-based increase in employee compensation for permanent employees to be distributed at the discretion of agency heads. Five line items are included, which provide $18,500 for business entities IT maintenance; 1.00 FTP and $92,000 for IT support staff; $40,000 for publication of the Idaho Blue Book; $8,600 for conference costs of the Commission on Uniform State Laws; and $77,600 for cybersecurity insurance.

Appropriates $9,690,600 to the Department of Insurance for fiscal year 2018; and limits the number of authorized full-time equivalent positions to 76.5.

This is the FY 2018 appropriation to the Department of Insurance in the amount of $9,690,600 with full-time equivalent positions capped at 76.5. This appropriation includes benefit cost increases, Statewide Cost Allocation, a 3% CEC, and cybersecurity insurance. The 3% CEC is a merit-based increase in employee compensation for permanent employees to be distributed at the discretion of each director. Additionally, it provides $175,000 for replacement items which include computers, office, IT equipment and one vehicle. Line item 1 provides 3 FTP and $291,600 to replace existing contractors with state employees. Two positions will be insurance examiners who will conduct financial condition examinations of insurance entities domiciled in Idaho. The third position is a building plans examiner who will review sprinkler, construction, and fire alarm plans. Overall, this budget is a 1.4% increase above the FY 2017 original appropriation.

Appropriates an additional $5,493,300 to the Department of Fish and Game for fiscal year 2018; and authorizes an additional 7 full-time equivalent positions for fiscal year 2018.

This is the trailer appropriation bill to H230, the Idaho Fish and Game fee increase. H230 created a new fee to increase funding for wildlife depredation compensation, prevention of wildlife damage to private land, and sportsman access programs. The full-year fiscal impact was estimated at $2 million. Furthermore, resident license fees were increased and a Price Lock discount order was provided, which would provide a discount, for at least five years, for eligible resident sportsmen who purchase a license annually. The full-year fiscal impact was estimated at $3 million. The statement of purpose stated, "The new revenue will restore inflationary losses in programs and will fund sportsman desired program enhancements." This appropriation bill provides funding as follows: 1) $500,000 for depredation prevention; 2) $419,300 for seven landowner sportsmen coordinators (one for each district); 3) $500,000 for depredation payments to landowners; 4) $400,000 for enforcement training and equipment costs; 5) $60,000 for fish food and operation of remote fish spawning stations; 6) $250,000 to address deferred hatchery maintenance; 7) $50,000 for pheasant stocking; 8) $100,000 for challenge grant cost share; 9) $419,100 for fish stocking; 10) $120,000 for boating and fishing access maintenance; 11) $250,000 from license moneys matched with $750,000 from federal Pittman-Roberson moneys for wildlife management area maintenance; 12) $250,000 from license moneys matched with $750,000 from Pittman-Robertson moneys for deer and elk management; 13) $200,000 for predation management of fox, racoons, skunks, and feral cats; 14) $75,000 for improving the sportsman digital information network; and 15) $100,000 from license moneys matched with $300,000 from Pittman-Robertson moneys for shooting range development.