Idaho Bills

Amends existing law to provide a code reference.

The intent of this legislation is to add section 18-212, Idaho Code, to section 66-609(1), Idaho Code, that currently allows state hospitals to provide treatment contrary to a declaration for mental health treatment when an individual is committed under section Title 66, Chapter 3, section 66-329, Idaho Code. The purpose of a declaration of mental health is to allow a competent adult to document preferences or instructions regarding mental health treatment. The purpose of a commitment, whether civil or for restoration to competency, is to provide the necessary treatment to a patient who has been deemed by a court as being unable to make informed decisions in their own interest and contribute to their own defense. It may be necessary to provide treatment that is contrary to the patient's declaration of mental health treatment to fulfill the department's legal obligation to stabilize the patient under sections 66-329 and 18-212, Idaho Code. For example, during a period of wellness, an individual may state in a declaration of mental health treatment that they do not want to be placed on psychotropic medication, yet during crisis; the only treatment method to manage their uncontrolled psychosis is medication. Without the ability to provide the necessary treatment, the individual may never be successfully stabilized and the commitment dropped. This change is necessary to provide the Department of Health and Welfare the authority to deliver court ordered treatment and restoration services, as directed under I.C. 18-212.

Appropriates $107,113,200 to the Department of Health and Welfare for the divisions of Child Welfare, Services for the Developmentally Disabled, and Service Integration for fiscal year 2018; limits the number of authorized full-time equivalent positions for the three divisions to 739.46; provides for General Fund transfers to the Cooperative Welfare Fund; limits transfers for trustee and benefit payments; provides for program integrity; provides legislative intent on educating children in the department's care; requires a report on foster care support staff; directs expenditures for Head Start; and appropriates an additional $868,100 to the Department of Health and Welfare for the Child Welfare Division for fiscal year 2017.

This is the fiscal year 2018 Original Appropriation to the Department of Health and Welfare for three divisions: Child Welfare, Services for Developmentally Disabled, and Service Integration. This bill also includes the fiscal year 2017 supplemental appropriation for the Child Welfare Division. Thefiscalyear2018portionincludes$37,375,800fromtheGeneralFund, $3,363,100fromdedicatedfunds, $66,374,300 from federal funds, and 739.46 FTP for a total appropriation of $107,113,200. The bill also includes three sections of department-wide legislative intent language, two sections for Child Welfare, and one section for Service Integration. All divisions include standard budget adjustments for the changes in employee benefit costs, statewide cost allocation, cybersecurity insurance, and the 3% merit-based change in employee compensation that is to be awarded at the discretion of the director. The Child Welfare Division includes the Child Welfare and Foster Assistance and Payments Programs. Within this division, there was a $25,800 shift from the General Fund to federal funds as a nondiscretionary adjustment due to changes in the state's FMAP rate. There are four approved line items. Line item 3 adds $1,026,700tocontinuewithyeartwoofthereplacementandmodernizationoftheChildWelfareinformation system. This system is used to document and track case information and to process payments to foster families for any services related to the care of eligible children. Line item 18 includes $839,100 to increase the foster care reimbursement rates by 20%. Line item 19 adds six new client service technician positions to transportchildrenasneeded. Lineitem49addstwoadditionalsocialworkerstoreducethecurrentworkload of staff, and improve services for the program. For fiscal year 2017, the bill provides $868,100 to account for the demand for services over time. The Services for Developmentally Disabled Division includes Community Developmental Disability Services and the Southwest Idaho Treatment

Appropriates $7,947,900 to the Public Employee Retirement System of Idaho for fiscal year 2018; limits the number of authorized full-time equivalent positions to 67; and provides legislative intent.

This is the FY 2018 appropriation to the Public Employee Retirement System of Idaho (PERSI) for $7,947,900 in dedicated funds with full-time equivalent positions capped at sixty-seven (67). It includes $56,800 in benefit cost increases, $300,700 for replacement items, $18,100 for statewide cost allocation, and $120,900 for an ongoing 3% merit-based increase in employee compensation for permanent employees to be distributed at the discretion of agency heads and institution presidents. The bill includes one additional FTP and $76,000 for a new internal training specialist in line item 1. Line item 2 includes a reduction of $45,300 in operating expenditures in the PERSI Administrative Fund and an increaseof$45,300inpersonnelcostsinthePERSISpecialFund. Thisactionnetstozerotofundtheamount already committed to salaries in FY 2017. Cybersecurity insurance costs for FY 2018 are also included in the amount of $5,400. Intent language is included in Section 3 of the bill, referencing language allowing for continuous appropriation of PERSI's portfolio-related costs.

Appropriates $5,827,700 to the Public Defense Commission for fiscal year 2018; and limits the number of authorized full-time equivalent positions to 6.

This bill appropriates $5,827,700 to the Public Defense Commission for FY 2018 and caps the number of authorized full-time equivalent positions at 6.00. For program maintenance, the bill provides for the employer's share of increased benefit costs and statewide cost allocation. 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. Two line items are included, which provide for a net-zero object transferof$40,800fromtrusteeandbenefitpaymentstopersonnelcostsinordertorecruitandretainregional coordinators; and $100 for cybersecurity insurance.

Amends existing law to increase the public school funding formula for college and career advisors.

This legislation would amend 33-1002(2)(r), Idaho Code to increase the minimum distribution for the public schools educational support program for counseling support as provided for in section 33-1212A, Idaho Code. The Joint Finance and Appropriation Committee this year is recommending a $2,000,000, or 40 percent, increase in this appropriation, and this legislation would give a commensurate increase to the minimum distribution. The minimum would increase from $10,000 to $14,000 for school districts and charter schools with 100 or more students in grades 8 through 12, and increase from $5,000 to $7,000 for school districts and charters schools with fewer than 100 students.

Appropriates to the Department of Correction an additional $505,400 from the General Fund and $185,000 from dedicated funds for a total of $690,400 for fiscal year 2017; appropriates an additional $134,900 from the General Fund to the Department of Correction for the Medical Services Program; and reduces the General Fund appropriation to the Department of Correction by $1,071,700 for fiscal year 2017.

This is a supplemental appropriation bill for the Department of Correction that provides an additional $505,400 from the General Fund and $185,000 from the Inmate Labor Fund, for a total of $690,400, to pay for an evaluation of the department's offender management system, litigation fees, and contracted medical services. The bill also reduces the department's General Fund appropriation by $1,071,700 to account for updated offender forecasts and bed utilization counts. These changes represent a net reduction of $566,300 from the General Fund and an overall net reduction of $381,300 from all funds in FY 2017.

Repeals existing law relating to certain restrictions regarding fraternities, sororities, and secret societies.

Chapter 19, Title 33 prohibits the creation of fraternities, sororities, or secret societies in public schools and makes it unlawful to establish a fraternity, sorority or other secret society whose membership is comprised in whole or in part of pupils enrolled in the public elementary or secondary schools or to solicit students to become a member of such organization. Much of the language in this chapter is antiquated and outdated, additionally,federalregulationsprohibitthediscriminationofstudents,whichhistoricallythetypesofgroups this chapter was targeted at did, making this chapter no longer necessary. The proposed legislation would repeal this chapter of Idaho Code.

Amends infraction provisions regarding upland game bird shooting hours restrictions.

House Bill 161, passed in 2015, revised several fish and game misdemeanors to infractions in Idaho Code 36-1401. This bill integrates fish and game commission rule with current statute so that violation of upland bird shooting hours on certain wildlife management areas designated by fish and game commission proclamation or rule is an infraction rather than a misdemeanor.

Amends existing law to increase to 90 days the amount of time a tax-exempt motor vehicle purchased by a nonresident may be used in Idaho.

This bill changes the amount of time a nonresident can drive in Idaho after purchasing a vehicle, before owing sales tax from 60 days to 90 days to match the time period in the use tax statute.

Amends existing law to provide that a victim of sexual assault shall not be denied a certain medical examination, to provide that inability to pay for an examination shall not be an obstacle, to revise provisions regarding retention of sexual assault evidence kits, to provide that certain persons shall receive written notification in certain instances and to provide that law enforcement shall notify certain persons regarding a change in the status of a case.

The purpose of this legislation is to codify standards for sexual assault victims' access to medical examinations, as well as standards for sexual assault evidence retention and preservation. It ensures victims of sexual assault are not denied medical examinations regardless of the ability to pay for said examination. Additionally, this legislation defines evidence preservation periods based on the classification of the crimes alleged and ensures proper notification to victims upon destruction.

Appropriates $104,056,200 to the divisions of Mental Health, Psychiatric Hospitalization, and Substance Abuse Treatment and Prevention for fiscal year 2018; limits the number of authorized full-time equivalent positions for the three divisions to 709.58 for fiscal year 2018; provides for General Fund transfers to the Cooperative Welfare Fund; directs expenditures for trustee and benefit payments; provides for program integrity; limits transfers of legislative appropriations; clarifies responsibility for education of certain children in state care; directs an interagency payment; requires an annual report on community support for the Behavioral Health Community Crisis Centers; appropriates an additional $2,255,400 to the Children's Mental Health program, Community Hospitalization program and the Substance Abuse Treatment and Prevention program for fiscal year 2017; reduces the appropriation by $500,000 for the Adult Mental Health program for fiscal year 2017; and provides an additional 11 full-time equivalent positions for the Children's Mental Health program for fiscal year 2017.

This is the fiscal year 2018 Original Appropriation and fiscal year 2017 supplemental appropriation for the Department of Health and Welfare for the divisions of Mental Health Services, Psychiatric Hospitalization, and Substance Abuse Treatment and Prevention. For fiscal year 2018, it appropriates $64,872,300 from the General Fund, $12,837,000 from dedicated funds, and $26,346,900 from federal funds, for a total of $104,056,200 and 709.58 FTP for the three divisions. The bill includes seven sections of legislative intent language with three sections for department-wide efforts and four sections specific to Mental Health Services. Standard JFAC adjusted items include changes for employee benefits, changes for statewide cost allocation, cybersecurity insurance, and an ongoing 3% merit-based increase in employee compensation for permanent employees to be distributed at the discretion of the director. Mental Health Services includes the Adult Mental Health and Children's Mental Health programs. Enhancements to this division include: $1,520,000 of annualized funding for the crisis centers in Twin Falls and Boise; $5,563,900 to provide mental health services to felony probationers and parolees; and $2,000,300 to provide continued bridge funding for the Residential Assisted Living Facilities (RALFs) that provide care for Idahoans with serious mental health issues. For fiscal year 2017, this bill includes additional FTP and funding to implement the Jeff D lawsuit settlement as well as a transfer from Adult Mental Health to Community Hospitalization. Psychiatric Hospitalization includes Community Hospitalization, State Hospital North (SHN), and State Hospital South (SHS). Changes to this division include $174,300 for inflationary adjustments, and $540,700 for various replacement items and alteration and repair projects at the state hospitals. The division was approved for five line items. Line item 8 provides funding to contract with the Department of Correction to house ind

Amends and adds to existing law to establish provisions regarding corporate governance annual disclosure by insurers and insurance groups.

This legislation is based on the National Association of Insurance Commissioners (NAIC) Corporate Governance Annual Disclosure Model Act (#305). In part following the 2008 recession, the NAIC worked towards the goal of having insurance companies or insurance holding company groups identify their corporate governance practices. This corporate governance model act will provide guidance and instructions to domiciled insurers for filing a confidential corporate governance annual disclosure with the Department of Insurance. This legislation will outline requirements for completing a confidential corporate governance annual disclosure and permit the director to gain and maintain an understanding of domiciled insurers' corporate governance framework. This model law is expected to be required for accreditation of the Idaho Department of Insurance by the NAIC. Accreditation is important to maintain for consistent, streamlined, and fair regulation of insurers.

Amends existing law to revise the requirements for public charter schools.

In1998,theLegislaturecreatedpubliccharterschoolsinIdaho. Sincethattime,manyrequirementsandsteps have been added to the process of opening new charter schools. None have been removed. This has resulted in a duplicative, burdensome and often confusing process for new schools and authorizers alike. This bill would streamline the opening procedures for new charter schools by simplifying the process, compressing the timeline and clarifying expectations for schools and authorizers, while at the same time maintaining a high standard of review for petitions.

Appropriates $8,058,900 to the Regulatory Boards for fiscal year 2018; limits the number of authorized full-time equivalent positions to 69; and appropriates an additional $78,300 to the Regulatory Boards for fiscal year 2017.

This is the FY 2018 appropriation to the Regulatory Boards in the amount of $8,058,900 with full-time equivalent positions capped at 69. There are also two FY 2017 supplemental line items, one providing $65,000 to the Board of Professional Engineers and Land Surveyors for disciplinary hearing fees, and one appropriating 1.00 FTP and $13,300 to hire a records specialist at the Bureau of Occupational Licenses. The FY 2018 appropriation includes the funding for benefit cost increases, inflationary adjustments due to rent and computer cost increases, statewide cost allocation, an annualization to provide ongoing salary and benefit costs related to hiring a records specialist at the Bureau of Occupational Licenses, 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, this motion includes a replacement scanner for the Board of Professional Engineers and Land Surveyors. Line item 1 provides $40,000 in capital outlay to install a fiber optic cable connection at the headquarters for the Board of Professional Engineers and Land Surveyors. Line item 2 provides $5,000 in additional operating expenditures for database and software updates for the Board of Professional Engineers and Land Surveyors. Line item 3 provides $10,000 in personnel costs and $30,000 in operating expenditures to pay the FY 2018 portion of disciplinary hearing fees for the Board of Professional Engineers and Land Surveyors. Line item 4 provides $62,500 for the Bureau of Occupational Licenses to pay fees charged to Appraisal Management Companies by the Board of Real Estate Appraisers pursuant S1318. Line item 5 provides $56,000 in operating expenditures to the Bureau of Occupational Licenses for a contracted IT analyst housed in the Office of the Chief Information Officer. Line item 6 appropriates $255,300 to the Bureau of Occupational Licenses for a database upgrade to

Adds to existing law to provide that administrative rules that expire on July 1, 2017, will continue to be effective until July 1, 2018, to provide that administrative rules approved or extended by the adoption of a concurrent resolution shall be effective until July 1, 2018, or until such time as they expire, to provide that rules rejected by concurrent resolution shall be null, void and of no force and effect, and to authorize agencies to amend or repeal certain rules pursuant to the Administrative Procedure Act.

This legislation, better known as the "drop dead bill," continues certain administrative rules in full force and effect until July 1, 2018.

Amends and adds to existing law to provide that insurers and insurance groups shall conduct an own risk and solvency assessment (ORSA), to provide for a summary report of the assessment; and to exempt certain documents from the Public Records Act.

ThislegislationisbasedontheNationalAssociationofInsuranceCommissioners(NAIC)RiskManagement and Own Risk Solvency Assessment Model Act (#505), which followed the 2008 recession. The goal is to have insurance companies or insurance holding company groups identify enterprise-wide risks that are relevantandmaterialandreportthoserisksonceayeartotheDepartmentofInsuranceonaconfidentialbasis. This ORSA model act will provide guidance and instructions to domiciled insurers for filing a confidential ORSAsummaryreportwiththedirector. Itishelpfultobothinsurancecompaniesandtheirregulatortohave companiesperformaregularassessmentoftheirownrisksandfilethatsummaryreportwiththedepartment. This model law will also be required for accreditation of the Idaho Department of Insurance by the NAIC. Accreditation is important to maintain for consistent, streamlined, and fair regulation of insurers.

Appropriates $3,011,600 to the Commission of Pardons and Parole for fiscal year 2018; and limits the number of authorized full-time equivalent positions to 34.

Thisbillappropriates$3,011,600totheCommissionofPardonsandParoleforFY2018andcapsthenumber of authorized full-time equivalent positions at 34.00. For program maintenance, the bill provides for the employer's share of increased benefit costs and statewide cost allocation. The bill also provides for an ongoing 3% merit-based increase in employee compensation for permanent employees to be distributed at thediscretionofagencyheads. Thefinalmaintenanceadjustmentprovides$100forcybersecurityinsurance. One line item is included, which provides 1.00 FTP and $51,600 for a victim services technician.

Amends existing law to revise provisions regarding Idaho's primacy over the management of its fish, wildlife and water resources and to provide that any introduction or reintroduction without state consultation and approval is prohibited.

Idaho Power Company's Hells Canyon Project is in the process of relicensing by the Federal Energy Regulatory Commission. The State of Oregon has attempted to require Idaho Power Company to implement fish passage and reintroduction of anadromous fish above the Hells Canyon Project in Idaho waters. Reintroduction into Idaho waters without consent of the State of Idaho violates Idaho law, policy, and the sovereignty of the State of Idaho. This bill amends Idaho Code 67-818(5) to clarify Idaho law to make it clear that introduction or reintroduction of any aquatic or terrestrial species requires approval of the State, and that the policy is not limited to listed species.

Appropriates $9,341,700 from the General Fund to the Public Health Districts for fiscal year 2018.

This is the fiscal year 2018 appropriation for the Idaho Public Health Districts and provides for $9,341,700 from the General Fund. Thisappropriationincludesincreasedfundingforemployeebenefitcosts, increasesforriskmanagementand State Controller fees as part of the statewide cost allocation, includes an ongoing 3% merit-based increase in employee compensation for permanent employees to be distributed at the discretion of each health district director,providesfundingformedicalinflation,andincludesfundingforcybersecurityinsurance. Allbudget adjustments are for the General Fund portion only; the Legislature does not provide an appropriation for county contributions, contracts, or fees. The General Fund will be transferred to the Public Health Trust Fund, pursuant to Section 39-425 Idaho Code, which includes half of the appropriation to be transferred on or before July 15, 2017 and the other half to be transferred on or before January 15, 2018.

Amends existing law to provide that a criminal history check on a teacher applicant may be shared with the employing school district.

This legislation amends Idaho Code § 33-130 allowing the State Department of Education (SDE) to share the results of an educator's background check with the employing school district or public charter school. This practice will allow one (1) set of fingerprints and one (1) background check to count for both initial certification and employment; the SDE and the employer (the school district or public charter school) to get a copy of the results. Currently, the SDE policy states that school districts and public charter school are to submit two (2) sets of fingerprints for the two (2) background checks for new hires who are also in the process of obtaining their initial certification. In the past, school districts and public charter schools only were required to submit one (1) set of prints for both purposes; the SDE retains the background check resultsandtheschooldistrictsandpubliccharterschoolsdonotreceiveacopyofthebackgroundcheck. The legislation would allow school districts to receive a copy of the background check results in order to make employment decisions. As the law currently stands, potential employees or the school districts or public charter schools have to pay for two (2) background checks. That cost is $32.00 per background check.

Amends existing law to provide that a teacher or administrator who retires at age 60+ years and who again becomes employed may continue receiving benefits and not accrue additional services, under certain conditions.

Currently, a retired teacher 62 years of age or older and who is not receiving a reduced benefit pursuant to Section 59-1346, Idaho Code, for early retirement, may return to work at any time, regardless of the length of the break in service, and not have their Public Employee Retirement System of Idaho (PERSI) benefit reduced. As part of the work being done by the State Board of Education to identify strategies for addressing teacher shortage areas and streamline Idaho's teacher certification requirements, the Board identified age restriction as one barrier to hiring retired teachers to fill some positions, particularly in rural school districts where they may only have the capacity for teachers to work on a part time basis. In an example of a part-time position, the individual may not be able to afford to return to work on a part-time basis if the teacher were to have a reduction in their retirement benefit. The proposed amendment to Section 59-1356, Idaho Code would reduce the age from 62 to 60 and thereby allow these individuals to return to work with a school district without a reduction in their retirement benefits. While this change will impact only a small number of individuals, it could make a large difference to a school district who may otherwise find it necessary to hire a less qualified individual.

Amends existing law to revise licensing provisions for driving businesses.

This bill amends the Idaho Driving Businesses Act to clarify that when the Idaho Driving Businesses Licensure Board accepts a driving business license application, the applicant must submit a certificate of occupancy with the application only if the business teaches from a physical classroom. Currently, driving businesses must produce a certificate of occupancy whether they teach from a classroom or offer only on-line instruction. The amendment also makes driving businesses responsible for ensuring that its employees and persons under its control who provide driver education are at all times licensed.

Appropriates an additional $3,000 to the Division of Vocational Rehabilitation for the Council for the Deaf and Hard of Hearing for fiscal year 2017.

This is a supplemental appropriation to the Division of Vocational Rehabilitation for the Council for the Deaf and Hard of Hearing for FY 2017. This appropriation is for ongoing moneys from the Miscellaneous Revenue Fund in the amount of $3,000. This amount is necessary to support and reimburse expenses incurred for annual statewide deaf awareness day events. Funding for this event derives from private donations by corporate and non-profit entities, which is deposited into the Miscellaneous Revenue Fund. This appropriation would provide authority for the council to spend donated funds up to $3,000.

Appropriates $44,609,800 to the Division of Veterans Services for fiscal year 2018; and limits the number of authorized full-time equivalent positions to 346.

This is the fiscal year 2018 original appropriation for the Division of Veterans Services. It includes adjustments for increased employee benefit costs, statewide cost allocation, replacement items, an ongoing 3% merit-based increase in employee compensation for permanent employees to be distributed at the discretion of the director, and funding for cybersecurity insurance. Thisbillincludesfundingforninelineitems. ThefirstthreelineitemsprovideadditionalFTPandassociated funding to meet personnel needs and reduce agency turnover. The fourth line item provides for new capital outlayitems. Lineitemsfive, six, andsevenprovidefundingtosupportprogramsthatbenefitIdahoveterans. Line item eight provides necessary appropriation to address various alteration and repair projects at the three veterans homes. Line item nine provides the appropriation needed for the addition of a second veterans cemetery in Blackfoot.

Appropriates an additional $10,000 to the Commission for the Blind and Visually Impaired for fiscal year 2017.

This supplemental appropriation, in the amount of $10,000 one-time from the dedicated Rehabilitation Revenue and Refunds Fund is provided to the Commission for the Blind and Visually Impaired for the remainder of fiscal year 2017. The funding is intended to enable the Commission to spend reimbursements to the agency from the Social Security Administration and other state programs for rehabilitation services provided by the agency. Reimbursements received by the agency in FY 2017 exceed current authority, and are required by federal law to be spent before federal grant funding can be utilized by the agency. This appropriation would allow the Commission to spend up to $10,000 in additional reimbursements received by agency.