Idaho Bills
635 bills · 2023 Regular Session
Amends existing law to revise the definition of “Internal Revenue Code.”
This bill relates to income taxes. It is the annual bill to update references to the Internal Revenue Code (IRC). The bill conforms the Idaho income tax code to changes made to the IRC that affect the 2022 tax year. The Idaho income tax code uses federal taxable income as a starting point for both businesses and individuals. Our tax forms use federal adjusted gross income as a starting point. Idaho uses a static conformity to a specific date, currently January 1, 2022. This bill updates Idaho Code section 63-3004, to January 1, 2023. Using federal taxableincomeasastartingpointsavesatremendousamountofduplicatework. TheIdahoLegislaturecanstill decide to which items it will conform to. Not conforming at all would cause a lot of extra work and confusion for individuals, businesses, and the tax preparation industry.
32 – 3
Amends existing law to revise provisions regarding outfitter and guide licensure.
The legislation moves several well-established definitions from administrative rule to statute, as they apply to terms in statute. The bill simplifies the licensing process for guides. The bill moves from the terminology of big game seasons to the proper terminology of allocated tags. The bill does not add any new requirements, registrations, or red tape but does remove areas of confusion identified during the Zero-Based Regulation rulemaking process in 2022.
65 – 0
Amends existing law to provide that trafficking in fentanyl is a felony and to revise sentences for trafficking offenses.
Idaho is in the midst of a fentanyl crisis. Not only is fentanyl deadly, it is often laced into other pills or drugs – even black-market vape cartridges – and a person won’t even know it. This bill is an effort to compromise. It includes language identical to a bill introduced earlier this session imposing mandatory minimum prison sentences for fentanyl. It also includes reasonable updates to Idaho’s 30-year-old mandatory minimum drug sentencing statute: 1. Impose mandatory minimum sentences for seven grams or more of fentanyl. 2. Keep mandatory minimum sentences but allow judicial discretion for first-time convictions for drugs other than fentanyl. • Thirtyyearsago, thelegislatureestablishedmandatoryminimumsentencesfordrugcrimes. Theintended target was leaders of criminal drug rings that manufacture and sell drugs to Idahoans. • Idaho’s original statute included language allowing discretion to depart from the mandatory minimum sentence in specific instances. This bill would restore discretion in a way that respects the legislature’s original intent and Idaho’s Constitution so that judges may distinguish between trafficking and addiction. • Judges will still be able to impose a full sentence for first-time offenders – it is simply not a mandate. 3. Update quantities of heroin to mirror other statutory levels. • Under the original 1992 language, the lowest trigger for mandatory minimum sentences for heroin was set at two grams; for the sickest addicts today, this reflects less than 1 day of personal use. • Idaho police report that nearly every drug they apprehend is a combination of legal and illegal substances. Drug dealers make more money when they add other substances to illegal drugs. Put simply, this makes drugs weigh more. Dilution coupled with tolerance means some addicted Idahoans are mislabeled as traffickers. • This bill would amend the mandatory minimum sentencing tiers for heroin to match the state’s levels for cocaine and methamphetamine. If the power an
Judy Boyle · HD-009B
Relates to the appropriation to the Office of Information Technology Services for fiscal years 2023 and 2024.
ThisistheFY2024originalappropriationbillfortheOfficeofInformationTechnologyServices. Itappropriates a total of $25,353,800 and caps the number of authorized full-time equivalent positions at 176.00. The bill funds five line items, which provides funding for statewide IT licensing and software; funding for statewide IT security licensing and software; funding to expand the agency's datacenter; funding for two vehicle leases; and an increase of 33.00 FTP and funding to consolidate IT services. The bill also includes two supplemental appropriations which provide 4.00 FTP and funding for new personnel to support business operations and 6.00 FTP and funding to prepare for the FY 2024 IT consolidation approved in a line item.
47 – 20
Adds to existing law to provide limitations regarding telecommuting, to provide requirements for salary adjustments and savings, and to establish a Human Resources and Employee Compensation Legislative Study Committee.
This legislation states the Legislature's intent and policy, that the citizens of Idaho are best served when state employees are present in the workplace during working hours. It creates a legislative interim committee to meet during the 2023 interim, to study the State of Idaho's personnel policies. In the meantime, through the end of FY 2024, the legislation provides that no more than 15% of the workforce of agencies under the 20 executive departments may telecommute, at any given time, and requires that the work quality and productivity of telecommuting employees be monitored. In order to provide greater uniformity in Idaho's state employee compensation system, the legislation also requires that legislatively appropriated increases in employee compensation generally take effect on July 1 each year, and that agency salary savings be accounted for and either used for personnel costs or returned to the General Fund in the fiscal year for which they were appropriated.
Relates to the appropriation to the Public Utilities Commission for fiscal year 2024.
This is the FY 2024 original appropriation bill for the Public Utilities Commission. It appropriates a total of $7,174,500 and caps the number of authorized full-time equivalent positions at 48.00.
34 – 0
Amends existing law to provide for the promotion and development of clean energy resources for declared purposes, to revise provisions regarding powers of the Idaho Energy Resources Authority, and to provide for clean energy generation projects.
This bill amends the Idaho Energy Resources Authority (IERA) Act by removing definitions of “renewable energy” and “renewable energy generation projects,” replacing those terms with definitions of “clean energy” and“cleanenergygenerationprojects.”Thenewdefinitionofcleanenergycarriesovertheoldrenewableenergy definition that included water/hydro, geothermal, wind, solar and biogas, while adding nuclear, hydrogen, energy/battery storage, and other non-carbon emitting resources. Broadening these definitions signals Idaho’s supportbehindresearchanddevelopmentofemergingenergytechnologies, includingadvancednuclearenergy, small modular reactors, hydrogen turbine generators, and energy storage systems.
30 – 5
Amends and adds to existing law to provide for a tax on gross utility electrical earnings and to establish the Rate-Regulated Electric Utility Tax Replacement Fund.
This bill would replace the property tax on electric utilities with a gross receipts tax at 1.2% rate on gross retail revenues, Idaho Code has similar gross receipt taxes in lieu of property tax for cooperative electric and gas companies and geothermal, solar, and wind energy producers.
Adds to existing law to provide for notice of restriction, regulation, and prohibition on endowment land and to provide for punishment and violations.
This legislation adds a new section to Idaho Code, Title 58, Chapter 1, to deal with closures and restrictions on State endowment land. The purpose of this legislation is to protect State land from being abused and misused. This legislation states that the State Board of Land Commissioners provides notice to the public of any restrictions, closures, prohibitions, and regulations on State endowment land. Proper posting is required, and fines and restitution requirements are outlined.
54 – 15
Relates to the appropriation to the Department of Health and Welfare for fiscal years 2023 and 2024.
This is the FY 2024 original appropriation bill for the Division of Public Health Services in the Department of Health and Welfare. It appropriates a total of $178,009,800 and caps the number of authorized full-time equivalent positions at 259.02. The bill funds 21 line items, which provide for public health infrastructure grant; creating a career ladder for StateComm; moving StateComm staff to the rule of 80; funding for the advanced healthcare directive registry; position reclassification within vital records; pandemic response grant; anti-microbial resistance grant; enhancing detection grant; rural loan repayment; congregate care infectious control grant; vital records modernization; home visiting; 988 crisis line grant; lead testing in drinking water; funds to develop a statewide funding plane for EMS services; cancer control registry funds; personnel adjustments; limited service positions; ambulance purchases; removes funding for sex education grants; and removes funding for Project Filter advertising.
57 – 11
Amends, repeals, and adds to existing law to create property tax relief by creating the School District Facilities Fund and the Homeowner Property Tax Relief Account, both of which are funded by state moneys.
This legislation provides immediate and long term property tax relief to all property tax payers in Idaho. The first year of the bill will provide up to $355 million dollars in property tax relief. The second and third year, approximately $110 million be used to reduce property taxes for owner occupied tax payers; approximately $100 million will be used to reduce property taxes for all property tax payers; and another approximate $100 million will be distributed to school districts on an average daily attendance basis. 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) saved for future school facility construction needs (4) used for new bonds. This legislation also eliminates the March date that school districts can use for elections. Circuit breaker criteria are also relaxed to allow more people to qualify.
Charles Winder · SD-020
28 – 7
Amends and adds to existing law to provide for the crimes of aggravated driving while reckless and aggravated driving while distracted.
This amendment to Chapter 80, Title 18, Idaho Code by the addition of a new section 18-8006A and 19-600B, Reckless and Distracted Driving, will reduce and discourage the use of electronic devices while driving. Prevention of these types of crashes and injuries which result in needless injuries. This change will also give justice and restitution for those families and victims who have been involved in a crash due to a distracted driver.
Relates to the appropriation to the Department of Lands for fiscal years 2023 and 2024.
This is the fiscal year 2024 original appropriation bill for the Department of Lands. It appropriates a total of $86,205,900 and caps the number of authorized full-time equivalent positions at 355.27. The bill funds 12 line items, which includes 5.82 full-time equivalent positions and funding for staffing of the Cottonwood fire district; support to staff a strategically located fire engine staff; 1.00 full-time equivalent positions and funding forafirezonemanager; appropriationforforestmanagementenhancements; 1.00full-timeequivalentpositions and funding for good neighbor authority staff; funding for good neighbor authority equipment; 1.00 full-time equivalent positions and funding for a land resource supervisor; funding for HVAC and roof replacement; funding for vehicles in the scaling program; 1.00 full-time equivalent positions and funding for forest legacy staff; and funding for compensation and inflation adjustments for two timber protective associations. This bill also includes two supplemental appropriations for fiscal year 2023, which includes funding for seasonal staff housing in the Maggie Creek supervisory area and preventative fire measures for ground-based phosphate-based fire retardant. DISCLAIMER: This statement of purpose and
48 – 16
Relates to the appropriation to the Public Defense Commission and the Division of Human Resources for fiscal year 2024.
This is a FY 2024 trailer appropriation bill for the Public Defense Commission and the Division of Human Resources. It addresses the fiscal impact of H236, which creates the State Public Defender within the Public Defense Commission.
26 – 9
Amends existing law to revise provisions regarding the taxation of property of a qualifying business entity receiving the Idaho information technology equipment sales tax exemption in a revenue allocation area.
ThisisanamendmenttoIdahoCode63-3622VVenactedbythe2020IdahoLegislatureasHouseBill521which providesasalestaxexemptionfornewequipmentpurchasedbyqualifyingdatacenters. Itisalsoanamendment to the definition of “base assessment roll” found in Idaho Code 50-2903. These amendments provide that data centersthattakeadvantageofthesalestaxexemptionandarelocatedinanurbanrenewaldistrict,willhavetheir incremental property tax value included in the base assessment roll. If a data center does not take advantage of the sales tax exemption and is located in an urban renewal district, then the property data incremental value will be included in the urban renewal district. The bill provides for a mandatory communication of the exemption status to the county clerk by the fourth Monday in July so that the levy rate and property tax allocation can be timely set. It allows the Tax Commission to disclose this information. Enactment of this legislation fulfills the purpose of House Bill 521 which stated in its Statement of Purpose that “data centers significantly add to the property tax base wherever they are built…”
Amends existing law to provide that a property tax budget may be reduced by initiative or referendum.
This bill amends sections 34-1801B and 34-1801C to clarify applicability to property taxes.
36 – 33
Amends existing law to provide for advancements in pay based on certain factors and to provide for retention bonuses in certain circumstances.
The purpose of this legislation is to provide clarification and create flexibility within established compensation practices. Currently, all employee compensation increases require a satisfactory performance evaluation on file prior to granting the increase. This requirement restricts agencies from giving salary increases when necessary for internal equity or external market changes. Language will be added in 67-5309B and 59-1603 to clarify that salary increases based on performance require a current evaluation to be on file and that other salary increases may be given based on internal equity or external market changes. This change will allow agency heads to recruit and retain state employees more effectively
Amends existing law to remove provisions regarding a program to match information from the online insurance verification system with motor vehicle registrations and to suspend registrations under certain circumstances.
This legislation amends Idaho Code, Section 49-1234 to remove provisions regarding the program to verify financial responsibility and to suspend certain motor vehicle registrations.
Adds to existing law to establish provisions regarding vulnerable child protection.
The Vulnerable Child Protective Act would prohibit puberty blockers, cross-sex hormones, and sex reassignment surgeries for children under the age of 18 when administered or performed for the purpose of changing the appearance of a child's sex. These medical and surgical interventions can cause irreversible physical alterations; and some render the patient sterile or with lifelong sexual dysfunction, while others mutilate healthy body organs. This legislation also provides for exemptions for medically necessary uses of these drugs and procedures.
Ben Adams · SD-012
56 – 13
Adds to existing law to provide for seasonal restrictions regarding antlers and horns to protect wintering big game.
This legislation authorizes the Idaho Fish and Game Commission to regulate, on a seasonal basis, activities related to antlers and horns of deer, elk, moose, bighorn sheep, and pronghorn to address potential negative impacts from these activities on big game animals that are vulnerable from winter conditions.
Mark Harris · SD-035
45 – 22
Amends and adds to existing law to establish provisions regarding the Idaho Launch Grant Program and the Idaho In-Demand Careers Fund.
This is a trailer bill to House Bill 24 to impose additional sideboards on the Idaho Launch program. It makes three primary changes: 1) It enhances legislative oversight of the Idaho Launch program to enhance program accountability; 2) It ensures greater "skin in the game" from Launch participants by capping the maximum state match; and 3) It further limits the use of Launch funds to just tuition and fees.
Amends and repeals existing law to revise provisions affected by the repeal of the County Indigent Program and the Catastrophic Health Care Cost Program.
This legislation is revising provisions that need to be changed in response to the repeal of the Catastrophic Health Care Program and the county indigent program. This legislation seeks to codify current policy for jail medical claims that was repealed last session in HB735. It also gives a path forward for settlement requests for approved indigent claims. Currently, the Catastrophic Health Care Fund receives $5.00 of every seat belt fine and as the CAT fund and board will be repealed, this legislation sends the $5.00 through the existing formula which distributes it to the county district fund, the state general fund, the highway distribution account, the state public school income fund, and to POST. Lastly, this legislation repeals the CAT fund account but extends the Catastrophic Health Care Board until the end of September 2023 to allow for the audit and annual reports to be completed.
35 – 0
Amends and adds to existing law to provide that plats shall show certain pipelines, to require filing of certain information with counties, and to require certain notice regarding zoning ordinance changes and development proposals.
This bill clarifies roles and responsibilities when there is a proposed development near an interstate natural gas or petroleum transmission pipeline. There are only four such interstate pipelines in Idaho, but they predate the state's population growth. At the time each of them was constructed, they were in rural areas. Since that time, population growth means that developments are much closer than was ever anticipated. So the bill incorporates interstate transmission pipelines into existing planning and zoning processes to ensure that all paries work together from the outset of the process. It creates a shared responsibility between the pipeline company, the local government and developer to make sure the three parties have common information about future development, safety protocols and needs for clarification.
68 – 0
Amends existing law to revise a provision regarding intervention by the Legislature in an action regarding an Idaho statute.
The purpose of this bill is to clarify that the President Pro Tempore of the Senate and/or Speaker of the House of Representatives (as the elected officers of the Idaho State Senate and House of Representatives) have the authority to intervene in such cases before the courts.
Amends existing law to provide for notification to a local law enforcement agency when a report of child abuse, abandonment, or neglect is made to the Department of Health and Welfare.
In Idaho, local law enforcement and the Idaho Department of Health and Welfare (Idaho H&W) have different but vital roles when investigating and resolving complaints of child abuse. Idaho Code requires when a person makes a report of child abuse to law enforcement, that the law enforcement agency notify Idaho H&W of the reported abuse. However, there is no reciprocal requirement in Idaho Code for Idaho H&W to notify law enforcement when they are notified and law enforcement is not. This failure to send information from Idaho H&W to law enforcement means serious child abuse investigations may be delayed or even missed completely in some jurisdictions which creates a danger for Idaho’s abused children.