Idaho Bills
718 bills · 2024 Regular Session
States findings of the Legislature honoring and commending Lieutenant General Erik Peterson and declares March 31, 2024, as Lieutenant General Erik Peterson Day.
This Resolution recognizes the outstanding service and accomplishments of Idaho Native Lt. General Erik Peterson. It is highly unusual to achieve the rank of a 3-Star General as a graduate of an ROTC program instead of a military school. His success is worthy of recognition by honoring his retirement date on March 31, 2024.
Amends existing law to provide for the use of technology and procedures to allow vehicles that meet established criteria to lawfully bypass a port of entry.
Idaho Code requires all trucks to stop at the port of entry. Consistent with the Governor’s Red Tape Reduction Act, this proposed legislation will allow some required commercial vehicle checks to be performed at ports of entry while trucks are in motion. The Idaho Transportation Department (ITD) is seeking to change the requirement to allow for the use of current technology, which enables the department to remotely monitor and permit certain trucks to bypass ports. Allowing certain trucks to bypass ports affords a significant convenience to the trucking industry and improves department program efficiency.
35 – 0
Adds to existing law to establish a tax credit and a grant program for certain private school tuition and education expenses and to establish a grant fund in the state treasury.
The Idaho Parental Choice Tax Credit legislation provides for a refundable tax credit up to $5,000 for a parent or guardian that incurs qualified education expenses for an eligible student. "Qualified expenses" include kindergarten through twelfth grade tuition and fees related to attending a nonpublic school, tutoring, taking assessments used to determine college admission, costs for textbooks, curriculum, and transportation costs for the purposes of receiving academic instruction. It also means a micro school or learning pod that provides academic instruction from a certified Idaho teacher. The Idaho Parental Choice Grant portion of the legislation also calls for a grant of up to $5,000 that would allow lower income Idahoans to participate in the refundable tax credit. The grant program would be administered by the Idaho State Tax Commission. Both, the refundable tax credit and grant limits increase up to $7,500 for special needs students that require ancillary personnel to assist in academic instruction. The Idaho State Tax Commission has the ability to audit records, receipts and documents similar to all tax filings to ensure accountability. The Idaho State Tax Commission may refer suspected cases of fraud to the Attorney General for investigation and prosecution.
Amends and adds to existing law to provide for a strategic plan for school districts and public charter schools and to provide for a certain training for school district board of trustee members and public charter school board of directors members.
The legislation reduces reporting requirements by eliminating the Continuous Improvement Plan requirements. Replacing the Continuous Improvement Plan with a district’s locally-developed strategic plan provides increased flexibility in how a district or charter chooses to identify and measure student outcomes that are important to their local communities. To ensure strategic plan development, specific to student outcomes and accountability, the bill outlines the frequency and type of school board training required for successful oversight and accountability. The primary goal of the legislation is to build school board capacity and drive continued student achievement in Idaho schools. Boards properly trained to review and discuss student achievement data provide the accountability required to ensure all students learn at a high level.
Relates to the appropriation to the Department of Health and Welfare for fiscal years 2024 and 2025.
This appropriation to the Department of Health and Welfare for the Division of Medicaid provides a $277,954,700 reduction to the FY 2024 budget, of which $92,807,600 is from the General Fund. Contributing factors to the lower-than-anticipated costs include the end of the public health emergency, and drops in utilization and enrollment. This appropriation to the Department of Health and Welfare for the Division of Medicaid provides enhancements to the FY 2025 maintenance budget that include nondiscretionary adjustments, new staff division-wide, providerrateadjustments, intermediatecarefacilityrateadjustments, anMMISvendorincrease, funding for personal care services case management, MMIS procurement year 2, an Idaho Millennium Income Fund offset for claims payments, and the additional 2% CEC. Additionally, this bill provides reappropriation authority. This bill also provides adjustments to the FY 2024 appropriation for the Division of Medicaid. Looking at Table 2 below, adjustments include a onetime forecasted recission, an ongoing reduction related to the end of an electronic records incentive program, and adjustments to the Hospital Assessment Fund. Overall, the total FY 2025 appropriation for the Division of Medicaid represents 0.6% increase over the FY 2024 Original Appropriation.
Julie VanOrden · SD-030
39 – 30
States findings of the Legislature and approves pending rules of the Idaho State Board of Tax Appeals reviewed by the Senate Local Government and Taxation Committee.
This is a Senate Concurrent Resolution adopting IDAPA 36.01.01, Idaho Board of Tax Appeal Rules, Docket No. 36-0101-2301.
Amends existing law to permit certain qualified chiropractors to evaluate and authorize return to play for youth athletes who are suspected of having sustained a concussion during school athletic activities.
This legislation adds an Idaho licensed chiropractic physician to the list of qualified health professionals permitted to return a youth athlete to participation in a sport after healing from a diagnosed concussion. It also allows a chiropractic physician to evaluate a youth athlete for a suspected concussion and determine their ability to continue participating in a sporting event. To "return to play", the chiropractic physician must have successfully completed a board of chiropractic physicians approved concussion management education program. The program must include instruction on comprehensive concussion and other brain injury evaluation, ongoing reassessment of patient, recognition of atypical response to brain injury, implementation of appropriate plan of care, return to activity determination, and referral to appropriate health care provider as indicated. The standards for the qualifying education program mirror the standards put forth by the Commission on Accreditation of Athletic Training Education for an athletic trainer master's degree program. Within Idaho statute,chiropracticphysiciansareauthorizedtosuperviseathletictrainersincarryingouttheirdutiesasdefined by their scope of practice.
33 – 2
Adds to existing law to prohibit unreasonable searches and seizures on certain privately owned lands.
This legislation extends existing, court recognized protections against warrantless search to lands beyond the curtilage of a citizen's residence.
States findings of the Legislature and authorizes the Legislative Council to appoint a committee to undertake and complete a study of diversity, equity, and inclusion and social justice initiatives at Idaho's public postsecondary educational institutions.
This Concurrent Resolution would authorize the Legislative Council to appoint an interim committee to undertake and complete a study of the prevalence and impacts of diversity, equity, inclusion, and social justice ideology in Idaho's postsecondary institutions, including any associated policies, procedures, staffing, and related costs.
Amends and adds to existing law to provide that notice of intent prior to an agreement taking effect shall be required in certain instances.
This bill requires any state agency, officer, department, division, bureau, board, commission, and institution of the state, including the public utilities commission and any state institution of higher education to give 30 days notice via e-mail to legislators, newspapers, television stations and on their own entities website of any agreementtheyintendtoenterinwhichthetransactionis$25millionormoreinactualstateobligationorvalue. RFP proposals, emergency expenditures, legal settlements, ITD projects which comply with their bid process, and expenditures authorized by the legislature are exempt. Approval of the transaction is void if the notice is not given as required.
Amends existing law to revise the boundaries of Cassia County and Minidoka County.
This legislation makes corrections to the county boundaries of Minidoka and Cassia counties. Presently, two definitions exist for the boundary, in which certain parcels or islands within the Snake River are located in neither county.
33 – 0
Adds to existing law to allow for telehealth behavioral health services on public school premises.
To provide increased access to behavioral health in public school or charter schools. This outlines the safety and security to provide mental health services in a secure and confidential manner via telehealth by mental health professionals authorized to provide these services in the state of Idaho.
49 – 21
Relates to the appropriation to the Agricultural Research and Cooperative Extension Service for fiscal year 2025.
This appropriation to the University of Idaho Agriculture Research and Extension Service provides enhancements to the FY 2025 maintenance budget that include occupancy costs at the Idaho Center for Plant and Soil Health in Parma, new faculty positions in irrigation and forestry, the continuation of adult literacy programs, and the additional 2% CEC.
Van Burtenshaw · SD-031
28 – 6
Amends existing law to require the superintendent of public instruction to authorize funding from the Public Charter School Revolving Loan Fund upon the approval of the Idaho Housing and Finance Association.
The Public Charter School Revolving Loan Fund was established July 1, 2023, after S1043 became law. The purposeofthelawistoprovidenewpubliccharterschoolswithazeropercentinterestloanofupto$2.5million to assist the schools with facility acquisition, construction or renovation. The Idaho Housing and Finance Association (IHFA) administers the loan. Upon implementation, it was discovered that a technical correction needed to be made to the statute. The State Treasurer needs to direct that funds from the public charter school revolving loan fund be withdrawn and distributed to the school upon certification by IHFA that school meets the loan requirements. This proposed legislation includes that correction. This amendment is needed because IHFA does not have authority to withdraw and distribute funds from the public charter school revolving loan fund.
35 – 0
Amends existing law to include health care sharing ministries as an eligible medical expense.
This legislation would provide that Health Care Sharing Ministry (HCSM) expenses are eligible medical expenses for Medical Savings Accounts (MSA). In Idaho, MSAs enable Idahoans to receive tax deduction benefits for up to $10,000 of health related expenses paid out of their Medical Savings Account. Under current Idaho law, citizens can only use their MSA for eligible medical, vision, and dental expenses (as defined by the Internal Revenue Code), along with health insurance and supplemental Medicare premiums and long-term care expenses. Due to the fact that HCSMs are not insurance companies and are not as well known, the tax code does not explicitly address their status. Currently, Idaho HCSM members are unable to utilize an MSA for HCSM expenses that serve a similar purpose to insurance premiums. Members of HCSMs financially assist fellow members with large medical expenses rendering a result usually provided by health insurance. However, their costs do not have tax parity with health insurance premiums. Like health insurance policyholders, members of HCSMs make payments that go toward assisting fellow members with medical expenses. Share fees paid to HCSMs are also not tax deductible, even though HCSMs are nonprofit organizations, due to the possibility of those funds being used on the member’s own health expenses.
55 – 12
Adds to existing law to provide for the crimes of impeding critical infrastructure and critical infrastructure trespass.
This legislation creates a penalty for critical infrastructure impeding and trespassing. The bill includes provisions for misdemeanor and felony charges based on the circumstances of the action. Misdemeanor impeding: For individuals who plead or are found guilty, sentencing may include up to six months in jail and a fine up to $10,000. Felony impeding: For individuals who plead or are found guilty if damages are more than $10,000, sentencing includes up to two years in a state penitentiary and a fine up to $100,000 (not to exceed the damage or economic loss). Misdemeanor trespassing: For individuals who plead or are found guilty for the first time, sentencing may include up to six months in jail and a fine of up to $1,000. Felony trespassing: For any person who pleads or is found guilty of trespassing for a second time within five years, it qualifies as a felony with a sentence of up to 10 years imprisonment and a fine of up to $20,000. A separate fine of up to $100,000 exists for an individual or organization that solicits critical infrastructure impeding or trespassing. This legislation does not limit any activities protected under the U.S. or Idaho Constitutions.
Amends existing law to exempt certain subcontractors from licensure, to increase a dollar amount related to an exemption, and to eliminate a class of licensure.
This Legislation improves local government options when selecting contractors and sub-contractors for construction projects. By changing the project value amount requiring a Public Works contractor license from $50,000 to $100,000, more contractors will be able to bid on small-scale local government projects without the need for a Public Works license. One class of Public Works licensing has also been eliminated as a result of this change.
35 – 0
Amends existing law to provide that the right to keep and bear arms shall not be limited on certain property.
This legislation concerns the right to carry a firearm on certain public property in the state of Idaho when that property is being leased, rented or provided by contract to a group that is holding an event. The legislation clarifies that for events on certain public property, when the event is open to the public with free, unrestricted access, the citizens of Idaho continue to possess the right to carry their firearms on that property under the provisions of section 18-3302, Idaho Code, as long as there are no other provisions of law to the contrary.
States findings of the Legislature, directs the Department of Insurance to collect certain data, and recognizes October 9, 2024, as PANDAS/PANS Awareness Day.
Some insurers in Idaho cover medically necessary IVIG treatment for children who suffer from PANDAS/PANS. Some, however, deny this coverage for potentially outdated reasons; this failure to cover this medically necessary treatment is leading to brain, behavioral and other health problems for some of the approximately 400 Idaho children who need and can benefit from IVIG treatment. Because some insurers cover IVIG treatment and some don’t, market distortions are increasingly placing the coverage burden on a subset of providers. This is leading to market failure and one that is jeopardizing the health and safety of a few hundred Idaho children. This resolution does two things. First, it calls for the Department of Insurance to work with leaders of the private insurance industry to address this market failure by ensuring needed coverage throughout the market and reporting back to the legislature before next session. Second, it declares October 9 of this year to be PANDAS/PANS Awareness Day in Idaho.
50 – 14
Amends existing law to exclude grazing leases from certain hearing requirements and to provide that all state lands may be leased for a period of up to 40 years for grazing leases.
This legislation would extend grazing leases to a potential maximum length of 40 years for State endowment lands. Currently, grazing leases have a maximum length of 20 years. Extension of the lease length would create greater predictability for those obtaining a grazing lease because they would be able to plan how they handle and care for the lease over a longer term. Additionally, it would provide longer term consistency for the Idaho Department of Lands in creating constant revenue for the endowment fund from grazing leases.
69 – 0
States findings of the Legislature and approves pending rules of the Department of Environmental Quality reviewed by the House Environment, Energy, and Technology Committee and the Senate Resources and Environment Committee.
This Concurrent Resolution shows the shows that the Environment, Energy, and Technology Committee reviewed and approved pending rules adopted by the Idaho Department of Environmental Quality.
68 – 0
Amends and adds to existing law to provide for assistant physicians and to provide for general practice licensure under certain circumstances.
This legislation expands Idaho’s bridge physician licensure program by creating a direct pathway for bridge physicians to become a licensed general practitioner without entering a residency program. This is designed to alleviate the physician shortage by allowing smaller healthcare providers to train the physician workforce where they are needed. This legislation renames bridge physicians as “assistant physicians.” After completing a minimum of three years as an assistant physician and successfully passing the final step of the United States Medical Licensing Examination, a candidate may apply for an unrestricted license to practice as a general practitioner.
Amends existing law to provide that license plates do not automatically expire after ten years and may continue to be used while still legible.
Consistent with the Governor’s Red Tape Reduction Act, this proposed legislation will remove the requirement to replace license plates every 10 years. Due to the increased cost of aluminum and other goods, the cost of the license plate program is increasing. These increased costs could lead to increased customer prices for license plates. By allowing a customer to retain legible plates for more than 10 years, this change will mitigate potential future increases in plate costs. Additionally, this proposal removes overly prescriptive and obsolete provisions.
69 – 1
Relates to the appropriation to the Idaho Commission for Libraries for fiscal year 2025.
This appropriation to the Idaho Commission for Libraries provides enhancements to the FY 2025 budget that include funding for summer STEM programs, the continuation of the digital access for all Idahoans grant, the additional 2% CEC, and reappropriation authority.
Kevin Cook · SD-032
47 – 23
Amends and adds to existing law to provide that the state shall not act as the incorporator of a corporation and to establish provisions regarding the reformation or disassociation of certain corporations.
This legislation ensures accountability to the laws passed by the legislature and receipt and expenditure of state moneys by prohibiting the state from creating a corporation or acting as the incorporator of any corporation that is not expressly authorized by the legislature through the enactment of general laws. It is not a violation for the state to create or to authorize the creation of an independent public body politic and corporate that is created in statute to carry out a public purpose, devoid of any private party with a right of control or management, or which lacks any potential for private parties to change the fundamental structure or public purpose of the entity as provided in the statute that created it.