Idaho Bills
635 bills · 2023 Regular Session
Amends existing law to revise provisions regarding a development impact fee advisory committee and to provide for a development impact fee advisory committee for intergovernmental agreements between governmental entities and certain districts.
The purpose of this legislation is to provide flexibility in the makeup of an impact fee advisory committee to ensure it is representative of the area it serves.
59 – 9
States findings of the Legislature and approves fee rules of the Department of Agriculture, the Idaho Sheep and Goat Health Board, and the Division of Occupational and Professional Licenses reviewed by the Senate Agricultural Affairs Committee and the House Agricultural Affairs Committee.
This SCR Members of the first Regular Session of the Sixty-seventh Idaho Legislature, the Senate and House of Representatives concurring that all fee rules adopted by the Department of Agriculture, the Idaho Sheep and Goat Health Board, and the Division of Occupational and Professional Licenses pursuant to the Administrative Procedure Act and submitted through the office of the Administrative Rules Coordinator to the Legislature for review during the 2023 legislative session and reviewed by the Senate Agricultural Affairs Committee and House Agricultural Affairs Committee, be, and the same are approved.
69 – 0
Relates to the appropriation to the Public Schools Educational Support Program's Division of Teachers for fiscal year 2024.
This is the FY 2024 original appropriation bill for the Public Schools Educational Support Program's Division of Teachers. This division provides state and federal funding support for grades K-12 for instructional and pupil service staff salaries and benefits, and other programs specific to certificated instructors in Idaho's school districts and public charter schools. This bill provides statutory-based funding adjustments for the Career Ladder, Master Educator Premiums, and math and science requirements. This bill also includes funding for professional development services including for dyslexia. Finally, this bill provides the funding and authority to allocate and distribute an additional $6,359 for each allocated teacher and pupil service staff. The intent of these funds is for ongoing compensation and not for onetime bonuses. However, each school district and charter school is responsible for setting their own salary schedules; Idaho Code only provides for minimum compensation amounts.
69 – 0
Amends existing law to provide that homeowner's associations may take no action that prohibits or has the effect of prohibiting the display of thin blue line flags and thin red line flags.
This legislation would add thin blue line and thin red line flags under Title 55 Chapter 32 that no homeowners association may add, amend or enforce any covenant, condition, or restriction displaying these flags.
Amends existing law to provide that a county board of equalization may exempt the property of certain hospitals from property taxes.
This legislation would allow the current property tax exemptions for the definition of “Hospital” as defined by Chapter 13 title 39 of the Idaho Code to reside under the discretion of the Board of Equalization for the county in which the property lies. The equalization board will have full authority to determine whether to grant a property tax exemption in full, partial, or an exemption at all.
Adds to existing law to designate Oryctodromeus as the state dinosaur.
This bill adds a State symbol by amending Idaho Code, Chapter 45, Title 67, by the addition of a new Idaho Code § 67-4516, to designate and declare Oryctodromeus (Ory) as the State dinosaur of Idaho. Paleontologists have only found this creature in Idaho (and a very small corner of Montana). Seventeen other states have a designated state dinosaur.
Kevin Cook · SD-032
61 – 2
Adds to existing law to provide for the display of the national motto in certain circumstances.
The purpose of this bill is to display the United States national motto in public school buildings. This will affirm for students, staff and the general public the historical and ongoing significance of our nation’s motto, “IN GOD WE TRUST” It shall be in all educational institutions under the general supervision, governance, or control of the state board of education or the board of regents of the University of Idaho in conspicuous place in the school or institution. It shall be in the form of a framed poster or plaque paid for by private donations.
57 – 9
Amends existing law to revise provisions regarding the income tax deduction for household and dependent care services.
This legislation increases the individual state tax deduction for dependent care to $12,000 per taxable year as found in 63-3022D, Idaho Code. Dependents include a taxpayer’s children under the age of 13, a dependent of a taxpayer with physical or mental limitations, and the spouse of a taxpayer with physical or mental limitations. Current code sets the limit to a percentage of expenses and a maximum deduction of $3,000 for one child or $6,000 for two or more children.
Amends existing law to provide that a county-wide highway district may operate and expand certain transportation programs and facilities.
This legislation amends Idaho Code, Section 40-1406 to provide that a single county-wide Highway District mayoperateandexpandanestablishedpublicvanandcarpoolingprogram,rideshareplatform,orpark-and-ride facility. When countywide highway districts were established, vanpools were not originally authorized.
34 – 0
Adds to existing law to provide that certain persons and institutions must take reasonable steps to restrict the access of minors in certain instances, to provide for affirmative defenses, to authorize the attorney general to bring an action for injunctive relief and damages, and to prohibit the use of public facilities and public assets for sexual exhibitions.
This proposed legislation seeks to amend Title 6 by adding a new Chapter 36, Title 6 Idaho Code and deals with protection of minors from sexual exhibitions. More specifically it deals with live, in person shows, exhibitions, or performances before an audience in any public place, or in any place exposed to public view. The intent is applicable whether an admission fee is charged or not. Reasonable steps must be taken to restrict access to minors subject to certain criteria found in the Miller test. It further provides for a cause of action to be brought be the Attorney General’s office and for the monetary recovery of damages. Use of public facilities and public assets for sexual exhibitions are also prohibited.
Relates to the appropriation to the Executive Office of the Governor for fiscal year 2024.
This is the FY 2024 original appropriation bill for the Executive Office of the Governor. It appropriates a total of $4,565,200 and caps the number of authorized full-time equivalent positions at 21.00. The bill funds one line item, which provides additional funds for Digital Communication Management.
69 – 0
Repeals and adds to existing law to revise the process for the division of certain single countywide highway districts into commissioner subdistricts.
Thislegislationaddsanewsection, IdahoCode, Section40-1404A,toprovideforcertaincounty-widehighway districts to be divided into seven subdistricts, each represented by a commissioner pursuant to certain criteria.
Joe Palmer · HD-020A
Amends existing law to provide that the Governor shall not extend a state of disaster emergency without petitioning the Legislature.
The purpose of this legislation is to limit the government to a single 30 day extension on a declaration of a disaster emergency. Assuming there is a disaster emergency that extends beyond a 60 day time frame, an additional extension of a disaster emergency would only be allowed if the Legislature was called back into session and concurred with an additional extension.
Adds to existing law to provide for legislative approval of Medicaid state plan amendments and waivers.
This legislation requires legislative approval of waivers and state plan amendments made by the Department of Health and Welfare.
Amends existing law to provide for the practice of optometry to include certain therapeutic laser procedures under certain circumstances.
This legislation will allow Idaho optometrists to use three specific therapeutic laser procedures to safely treat Idahoans. Only licensed Idaho optometrists who have graduated from an accredited optometry school where these laser procedures were taught, and who have proven their competency by passing a national board exam on lasers, may perform these therapeutic laser procedures.
Wendy Horman · HD-032B
23 – 11
Amends existing law to revise provisions regarding the enrollment and transfer of pupils.
This bill proposes to update Idaho code on "Open Enrollment" so that families can more easily send their children to the public school that works best for them. This is the first comprehensive update to the law in 30 years. Current law allows local school districts to opt out of Open Enrollment altogether, allows districts to charge parents tuition when their child enrolls from other districts, and does not provide parents flexibility. Many school districts have modern Open Enrollment policies reflective of the new era of student mobility, simple transfer of data and up-to-date reporting. However, the law has not kept up with current practices and is outdated. This bill modernizes the law to reflect best practices around the state and give parents more choice.
63 – 5
Relates to the appropriation to the State Appellate Public Defender for fiscal years 2023 and 2024.
This is the FY 2024 original appropriation bill for the State Appellate Public Defender. It appropriates a total of $3,951,000 and caps the number of authorized full-time equivalent positions at 26.00. The bill funds three line items, which provides additional funds for a Capital Litigation Attorney, a parity salary increase for state appellate public defenders, and funds for an agency-wide 7.5% CEC. Also included in this bill is a onetime FY 2023 supplemental, which provides $67,500 for additional electronic records storage capacity. A supplemental for capital cases was approved earlier this session and sent out as a separate bill.
55 – 14
Adds to existing law to provide an exception to requirements for wildlife held captive in Idaho.
WildlifeexhibitorsunderaUSDAClassCExhibitorsLicensesince2003aretreatedthesameasmunicipalzoos, except the Department of Fish and Game will continue to regulate importation of cervidae under its jurisdiction for disease purposes and have the ability to inspect animal records in the possession of those exhibitors. The legislation also eliminates much of the duplicity of state and federal regulation of wildlife exhibits for those operatingingoodstandingforthepast20years.ToclarifythatanimalslivinginawildlifeexhibitunderaUSDA Class C Exhibitors License are not generally living in a state of nature, and accordingly, are not included in the definition of "wildlife". It also eliminates the duplicity of state and federal regulations of wildlife exhibits in Idaho.
52 – 13
Amends existing law to provide for certain electronic filing and a fee waiver and to revise provisions regarding the online insurance verification system.
This legislation repeals the fees for release of liability for vehicle titles. Insurers will need to report via the onlineinsuranceverificationsystematleastweekly. Initialnoticeswillbesenttoownersofmotorvehicleswho have not established or maintained financial responsibility (liability insurance) for two consecutive months. Vehicle owners will have 60 days to comply. Following this, a final notice will give the recipient 10 days to correct the requirement of financial responsibility or notify the department of an exemption. This legislation asks insurance companies to voluntarily submit data indicating that a vehicle’s insurance has been lawfully suspended because the vehicle has been placed in storage.
28 – 7
Amends, repeals, and adds to existing law to provide property tax relief by establishing and funding the School District Facilities Fund to provide moneys to school districts in lieu of property taxes, to increase the homeowner exemption, to increase circuitbreaker eligibility, to revise distributions for the State Public Defense Fund, and to reduce the number of dates on which school levy and bond elections may be held.
The purpose of this legislation to provide immediate, ongoing, and permanent property tax relief. This is accomplished by providing $300 million to school districts distributed based on average daily attendance. School districts are required to use funds in the order of priority as follows: (1) payment of school bonds (2) payment of school levies (3) payment of expenses necessary to provide for safe school facilities and address life, safety, and health issues (4) saved for future school facility construction needs. This bill eliminates 2 of the 4 election dates that districts can run elections. The bill also increases the homeowners exemption to $150,000. The bill increases the limitations for individuals to qualify for the circuit breaker. The cities and counties obligation to fund public defense is eliminated and the funding source is permanently moved to an ongoing source of revenue.
Relates to the appropriation to the Department of Education for fiscal years 2023 and 2024.
This is the FY 2024 Original Appropriation Bill and FY 2023 Supplemental Appropriation Bill for the State Department of Education. The State Department of Education is an executive agency of the State Board of Education and is established pursuant to Section 33-125, Idaho Code. The State Superintendent of Public Instruction serves as the executive officer of the department and has the responsibility for carrying out policies, procedures, and duties authorized by law or established by the board for all elementary and secondary school matters. For FY 2024, the bill provides for an additional staff to assist schools and families with navigating school choices, a position for workforce development and community partnerships, and an additional financial specialist to assist with financial work for the department and to assist public schools. The bill also includes onetime funding to account for the newly required dyslexia training and support that was approved in H731 (2022). Finally, the bill provides for a transfer of three positions to the Board of Education for IT support. For FY 2023, the bill provides staffing and support for dyslexia training and to account for vacation payouts of former staff; vacation payouts were handled from existing appropriations for a net-zero impact. DISCLAIMER: This statement of purpose and
26 – 9
Repeals and adds to existing law to provide for the compliance of public officers with the rules and orders of the State Tax Commission.
The Idaho Constitution charges the State Tax Commission with the supervision of the property tax work in Idaho’s Counties. Some Counties have applied interpretations of property tax law in such matters as property tax appraisal, exemption, assessment, or equalization—against direction of the Tax Commission—frustrating uniformity throughout Idaho’s property tax system. This Bill adds clarity to the current supervisory powers of the Tax Commission and provides three substantive changes: 1. Removes the hearings and proceedings under this section from review under the Administrative Procedures Act. 2. Provides clear procedural timelines and directs the Tax Commission to enforce its orders as quickly as possible through any necessary litigation. 3. Provides the Tax Commission an enforcement tool of withholding revenue sharing distributions from a County, City, or taxing district for the time in which it is non-compliant with property tax statutes or rules.
Amends existing law to provide that criminal history records shall be shielded from disclosure under certain circumstances.
The Clean Slate Act would permit those with relatively minor non-violent, non-sexual offenses to petition for sealing of their public records provided they have gone at least five years since the completion of the sentence without any subsequent offenses. Only one offense, or offenses arising from a single incident or transaction would be eligible for sealing. Should there be a subsequent felony conviction, the exemption from disclosure wouldberevoked. Shouldthesealingremedybegranted, therecordwouldstillbeavailabletolawenforcement and prosecutors for any purpose and could still be used to enhance future penalties. The person seeking to have the records shielded from disclosure would bear the costs of legal counsel in seeking such relief.
Ned Burns · HD-026A
34 – 0
Amends existing law to revise provisions regarding elections for a school board of trustees.
This legislation amends Idaho Code Section 33-501 to provide that any school district trustee duly elected may serve out their current term of office even though a change in trustee zone boundaries that occurs after they were elected puts their current residence in a different zone. At the end of said term of office, the trustee would then have to run for the new seat or retire.
34 – 0
Amends existing law to require that a taxing district include certain information when communicating with voters regarding a bond or levy proposal.
This clarifies the content and disclosures for bond and levy advertising. This will ensure necessary and factual information be included for ballot measure marketing in order to ensure truth in advertising.
60 – 9