Idaho Bills

Amends existing law to revise the deadline by which an employer must report certain information to the State Tax Commission and to provide a time period for employers to correct any errors in an electronic filing.

The purpose of this legislation is to move the deadline for employers to transmit employee wage and withholding (W-2) information to the Idaho State Tax Commission from the last day of the second month of the year to the last day of the first month of the year and provide a time period for the correction of errors for W-2s submitted electronically.

Amends existing law to provide that the Idaho Geological Survey shall preserve and use samples and records deposited with it, to provide for reports of determinations and identifications specific to the samples and records; to authorize specified uses of information derived from samples and records; to provide that the Idaho Geological Survey shall share certain information with the Idaho Oil and Gas Conservation Commission and the Department of Lands; and to provide for the sharing of records and information between the commission, the department, the Idaho Geological Survey and other state agencies.

This legislation provides for an agreement between the Idaho Geological Survey, the Idaho Department of Lands, and the Oil and Gas Conservation Commission for the sharing of mineral, oil, and gas geological records derived from exploration or production on lands within the state. The Idaho Geological Survey is the lead state agency for the collection, interpretation and disseminationofgeologicinformationpertainingtooilandgasandmineralresources, groundwater resources and geohazards for the State of Idaho. The agreement clarifies that pertinent geological records be provided to the Idaho Geological Survey to fulfill their responsibilities under Idaho law. All confidentiality conditions of any such records or information remain unchanged by this legislation and continue intact.

Amends existing law to provide that compensation shall be payable for disability or death resulting from certain firefighter occupational diseases, to provide a presumption of proximate causation between specified diseases and employment as a firefighter, to provide for rebuttal of the presumption, to provide for the demonstration of causal connection, to provide that the presumption shall not apply under certain circumstances and to clarify that employment shall be within the State of Idaho.

This bill addresses the nearly impossible burden of proving occupational diseases associated with firefighting within the workers compensation system. Research has established that firefighters are significantly more likely to develop certain types of cancer than the general population. Under current law, the burden of proof for these known occupational diseases is nearly impossible to overcome as exposures are chronic, occur over long periods of time, and are uncertain regarding specific toxins and carcinogens present at any given structure fire. This bill would change existing workers compensation law so that it would be presumed that such diseases were occupationally related unless medical evidence showed otherwise.

Amends existing law to provide that the executive directors of the Board of Licensure of Professional Engineers and Professional Land Surveyors, the Board of Nursing and the Board of Pharmacy do not need to be licensees.

This bill will remove the requirement that the Idaho Board of Licensure of Professional Engineers andProfessionalLandSurveyorshirealicensedprofessionalengineerorprofessionallandsurveyor as its executive director, that the Board of Nursing hire a licensed nurse as its executive director, and that the Board of Pharmacy hire a licensed pharmacist as its executive director. The Board of Licensure of Professional Engineers and Professional Land Surveyors, the Board of Nursing, and the Board of Pharmacy are the state's only three regulatory licensure boards that are compelled by statute or rule to hire a licensee as their executive director. This bill will allow these boards to hire a licensee if the board wishes, but does not mandate it.

Appropriates $314,100 to the Public Defense Commission for fiscal year 2017; and limits the number of authorized full-time equivalent positions to 1.5.

Thisbillappropriates$314,100tothePublicDefenseCommissionforFY2017andcapsthenumber of authorized full-time equivalent positions at 1.50. The bill includes funding for the employer's share of increased benefit costs and accounts for increases in statewide cost allocation. It provides for an ongoing 3% merit-based increase in employee compensation for permanent employees to be distributed at the discretion of agency heads and funds the 27th payroll. One line item provides for a net-zero object transfer of $110,000 from trustee and benefit payments to operating expenditures to align the appropriation with the use of the funds.

Appropriates $565,300 to the Board of Tax Appeals for fiscal year 2017; and limits the number of authorized full-time equivalent positions to 5.

This is the FY 2017 appropriation to the Board of Tax Appeals in the amount of $565,300 with full-time equivalent positions capped at 5. This appropriation includes funding for benefit cost increases, statewide cost allocation, a 3% CEC, and the 27th pay period. 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 bill includes an inflationary adjustment for a contractual increase for rent. Overall, this budget is an 5.8% increase above the FY 2016 appropriation.

Amends existing law to provide that a certain portion of surcharge fees shall be deposited in the state General Fund.

This proposed legislation changes the distribution of funds collected from the surcharge fee that is assessed under I.C. § 31-3201H. This statute was enacted in 2010 to address the shortfall in revenues during the economic recession and to maintain the operation of court services and programs. The fee paid by offenders is $100 for each felony, $50 for each misdemeanor, and $10 for each infraction. Of the funds collected, 80% goes to the Drug Court, Mental Health Court, and Family Court Services Fund (the Drug Court Fund), and 20% to the Court Technology Fund. This proposed legislation would redirect to the state general fund the 80% that is currently going to the Drug Court Fund. This would be part of a plan, yet to be approved by the Joint Finance and Appropriations Committee, to appropriate additional general fund moneys to fund non-problem solving court obligations that are now being paid out of the Drug Court Fund. This would restore a more sensible allocation and use of general fund moneys and Drug Court Fund moneys to meet court obligations and maintain the operation of vital court services and programs.

Amends existing law to provide that operating property shall not be included in the taxable value for the purpose of making a levy that is to be made against real property only.

The purpose of this legislation is to clarify that operating property is not apportioned to flood control, community infrastructure, watershed improvement, herd, and levee districts. These taxing districts only levy on real property.

Amends and adds to existing law to authorize the Public Defense Commission to promulgate rules for indigent defense standards; to require compliance with indigent defense standards, to provide for indigent defense grants, to provide application procedures for indigent defense grants, to provide procedures for noncompliance with indigent defense standards; and to revise reporting requirements.

The purpose of this legislation is to improve the delivery of trial-level indigent defense services by providing funding to counties and creating standards with which counties must comply. It is the product of the Public Defense Reform Interim Committee, which studied the issue for three years at the direction of the Legislative Council. The legislation establishes the guiding principles for provision of public defender services in Idaho. In pertinent part, the bill requires the Public Defense Commission to promulgate rules regarding: procedures for the creation, oversight, implementation, enforcement, and modification of indigent defense standards; requirements for contracts between counties and private attorneys for the provision of indigent defense services; data reporting requirements; procedures for grant applications by which counties can apply for state funds to offset the cost of compliance with indigent defense standards; and procedures for administrative review of commission decisions.

Amends existing law to remove a requirement that the Tax Commission provide certain property valuation information by school district; and to clarify a past code reference.

The purpose of this legislation is to make two technical corrections to Idaho's revenue and taxation statutes. The first technical correction eliminates the requirement that the Tax Commission provide valuation information to two state agencies that is no longer needed by those agencies. The second technical correction corrects a reference error relating to the sales tax distribution formula.

Adds to existing law to establish the Local Innovation School Act and to provide eligibility requirements and eligibility exemptions and school agreements.

Thisbillwouldempowerschoolstoevaluateexistinglawsandrules,andrequestwaiversthatwould allowthemtorespondininnovativewaystolocalneedsthroughthecreationofuptotenInnovation Schools around the state each year for five years. Teachers, principals, superintendents and school boards will have the opportunity to receive waivers in exchange for clearly demonstrating student outcomes and meeting well-defined goals.

Amends existing law to appropriate funds to the Idaho Bond Bank Authority and to authorize reimbursement of costs incurred by the State Treasurer.

To clarify arbitrary and confusing language relating to the Idaho Bond Bank Authority Administrative Fund. This fund pays for the administration of the Idaho Bond Bank and the recommendation for this proposal comes from the IBBA Board.

Amends and adds to existing law to revise duties of the State Treasurer regarding public endowment funds; and to grant authority for the State Treasurer to invest certain funds otherwise excluded from his duties.

Thislegislationaddressesagapinthecodeconcerninginvestmentoffundsnotwithinthedefinition of Idle funds of the State of Idaho. Only Idle funds are within the provisions of Section 67-1210, Idaho Code and no other section addresses these investments. The Office of the Treasurer currently invests such funds and no changes to current practice are made by this legislation. Afterthecloseofthe2015legislativesession,theTreasurerdeterminedthathehasnoclearstatutory authority to invest funds of the land grant endowments and other funds held in trust by the State. Trust funds include settlement funds for reclamation of mining sites, an endowment for the Ritter Island State Park, funds in the State Insurance Fund reserve, funds held for veterans residing at the state veterans home, and PERSI money processed for payout to retirees but not yet distributed. At the direction of agencies overseeing such funds, the Office of the Treasurer has been investing the funds as if they were Idle funds for decades. All the agencies surveyed by the Treasurer are in support of codifying the Treasurer's authority to continue this practice. This legislation addresses the gap by striking confusing language exempting public endowments from the Treasurer's authority in Sections 67-1201 and 1210, Idaho Code and creating two new sections. Investment of the land grant endowments is addressed by new language in the existing Section 67-1202, Idaho Code. The amendment to Section 67-1202, Idaho Code recognizes and implements the Idaho Supreme Court's decision in State of Idaho v. Moon, 96 Idaho 140 (1974). The revised language maintains the legislature's designation of the Endowment Fund Investment Board as the agency with authority to select investments for the public endowments, and the Treasurer's constitutional role as the custodian of the Public School Permanent Endowment Fund. The amendment would authorize the Treasurer, at the request of the Endowment Fund Investment Board, to invest public endowment f

Appropriates $35,500,200 to the Division of Veterans Services for fiscal year 2017; limits the number of authorized full-time equivalent positions to 333; and provides for the transfer of $1,500 from the Federal Grant Fund to the Resident Trust Fund for fiscal year 2016.

Thisisafiscalyear2016supplementalappropriationandthefiscalyear2017originalappropriation for the Division of Veterans Services. For FY 2016, this bill appropriates and transfers $1,500 from the federal grant fund to the resident trust funds to account for losses from the State Treasurer IDLE Pool. For FY 2017 the bill includes adjustments for increased employee benefit costs, statewide cost allocation, funding for the 27th payroll and an ongoing 3% merit-based increase in employee compensation for permanent employees to be distributed at the discretion of the director. This bill also includes $506,300 for inflationary adjustments, and $2,701,300 for one-time replacement items and alteration and repair projects that were requested in the budget as well as for the projects requested from the Permanent Building Fund. This bill includes funding for all six line items. The first two line items provide additional funding to meet personnel needs and reduce agency turnover. The third line item provides for a full-time recreation assistant in the Boise home and a landscape technician at the Boise cemetery. Line item four provides funding for a contract manager to oversee the implementation of a new veterans cemetery in southeastern Idaho. Line item five provides funding for new capital outlay items, and line item six provides funding to various organizations that provide support to disabled veterans.

Amends existing law to revise the provisions regarding the Governor's designation of the council chairman; to provide weighted consideration for Idaho industry partners for grants; and to further define and clarify the distribution of commercialization revenue.

Established in 2012, the Idaho Global Entrepreneurial Mission (IGEM) program was created to support commercialization partnerships between Idaho's three (3) research universities and private sectorcompanies. ThroughtheIGEMgrantprogram,theIGEMCouncilinvestsinthedevelopment of new businesses and supports Idaho's research facilities, creating new products, companies, and high-value jobs while increasing the research capacity of Idaho's universities. Several changes are necessary to clarify provisions within the existing IGEM statute. These changes include the removal of reference to the now defunct innovation license plate program and further clarifying the distribution of commercialization revenues, along with additional housekeeping changes.

Appropriates $49,410,500 for the Public Schools Educational Support Program/Division of Facilities for fiscal year 2017; provides moneys for the Bond Levy Equalization Fund; and specifies the amount of revenue to be distributed to the General Fund.

This is the Fiscal Year 2017 appropriation for the Facilities Division of the Public Schools Educational Support Program in the amount of $49,410,500. This includes $18,958,000 from the General Fund and $30,452,500 from dedicated funds. This appropriation funds the Bond Levy Equalization Program, the Charter School Facilities Program, and the School Facilities Maintenance Match Program and results in a General Fund increase of 7.8% and 6.6% increase in all funds. The estimated cost of the Bond Levy Equalization Program is $22,400,000 and is funded from a mix of $9,947,500 from the General Fund (transferred from cigarette tax revenue), $12,000,000 of Idaho Lottery proceeds directed by statute to the Bond Levy Equalization Program, and a fund balance of $452,500. The estimated cost for charter school facilities is $5,531,000 from the General Fund. The estimated cost of the state facilities maintenance match is $21,479,500 and is funded from a mix of $3,479,500 from the General Fund and $18,000,000 from the School District Building Account, which receives moneys directly from the Idaho Lottery. There were no new line items in this appropriation.

Amends existing law to provide that a rebuttable presumption of irreparable harm is established under certain circumstances.

In the event of a civil action by an employer, this amendment identifies the court as having the authority to determine if a key employee or independent contractor has breached an agreement or covenant resulting in harm to the employer.

Adds to existing law to provide certain reporting requirements of the State Department of Health and Welfare.

The intent of this legislation is to request the Idaho Department of Health and Welfare present an annual report to the germane committees of the Idaho Legislature. The purpose is to highlight and raise awareness of actions being taken to create positive outcomes for our children in our state foster care system.

Amends existing law to revise the day of celebration for Idaho Day when March 4 falls on a Saturday or Sunday.

The purpose of the legislation is to clarify dates of Idaho Day in Idaho Code.

Amends existing law to provide that the Department of Health and Welfare shall compile a list of providers that perform free ultrasounds and shall state that a patient has the right to obtain a free ultrasound, view an ultrasound image and hear heart tone monitoring and to provide that no abortion shall be performed unless the woman is informed that ultrasound imaging and heart tone monitoring are available.

It is the purpose of this legislation to require the Department of Health to compile a list of providers that perform free ultrasounds, state that the woman has a right to obtain a free ultrasound, view an ultrasound image and hear tone monitoring, and to provide that no abortion be performed unless the woman is informed prior to the abortion that ultrasound imaging and heart tone monitoring are available. When enacted, this legislation will help ensure that pregnant mothers are offered important accurate medical information prior to undergoing an abortion.

Amends existing law to provide that whenever any person makes an expenditure for the purpose of financing communications expressly advocating the election, approval or defeat of a person standing for election to the position of precinct committeeman through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing or any other type of general public political advertising, the person responsible for such communication shall be clearly indicated on such communication.

Existing Idaho code requires that, in most instances, communications made for the purposes of influencing an election must state clearly who is responsible for the production and distribution of the message. This legislation extends that requirement to communications made relating to races for party precinct committeeman.

Appropriates $556,135,800 to the State Board of Education and the Board of Regents of the University of Idaho for college and universities and the Office of the State Board of Education for fiscal year 2017; provides certain reappropriation authority; provides legislative intent for systemwide needs; provides legislative intent for the Complete College Idaho initiative; provides legislative intent for a cybersecurity lab in conjunction with the Idaho National Lab; and exempts appropriation object and program transfer limitations.

This is the FY 2017 appropriation to the State Board of Education for College and Universities in the amount of $556,135,800. This appropriation provides for increased cost of benefits, an increase for statewide cost allocation, and inflationary adjustments. The appropriation also provides for an ongoing 3% merit-based increase in employee compensation, and funding for the 27th payroll. Additionally, it provides a decrease in nondiscretionary adjustment for enrollment workload decreases and an increase for endowment earnings. Also included is $839,300 one-time from the General Fund to replace computer equipment at Lewis-Clark State College and $529,800 one-time of dedicated funds for replacement items at Boise State University and the University of Idaho. This appropriation includes eleven line items. Line item 6 provides 34.5 FTP and $2,000,000 from the General Fund for the Complete College Idaho initiative. Of this amount, $962,400 is be for Boise State University to decrease reliance on adjunct instructors, to add student advisors, and to staff the learning assistant program; $208,700 for Idaho State University's student work and service opportunities; $538,700 for the University of Idaho to increase advisory staff, including intervention specialists, tutors, counselors, and supplemental instructors; and $290,200 for Lewis-Clark State College to increase key faculty positions and retain staff. This amount includes $1,966,700 ongoing and $33,300 one-time. Lineitem7provides3.0FTPand$617,100toBoiseStateUniversitytoexpandthePhDprogramin materials science and engineering program. Line item 8 provides 5.0 FTP and $1,740,600 to Idaho State University to expand the Doctor of Physical Therapy (DPT) program at the Meridian Health Science Center. Of this amount, $580,600 is from the General Fund and $1,160,000 is one-time from the Economic Recovery Reserve Fund. Line item 9, provides 3.65 FTP and $754,500 to the University of Idaho for occupancy costs. This includes 0.6 FTP

Repeals, amends and adds to existing law to revise provisions regarding the experience and education multiplier; the career ladder; a district's salary-based apportionment; and eligibility for an Idaho professional endorsement.

Amends existing law to move Pupil Service Staff onto the Career Ladder and make technical corrections to the existing requirements. These amendments include the establishment of student outcome- based criteria, in addition to the existing student achievement criteria that are applicable to the work that Pupil Service Staff perform in supporting students. The addition of these criteria willallowPupilServiceStafftomoveontheCareerLadderbasedonquantifiablestudentoutcomes, the same as Instructional Staff. Technical corrections include: • removing a reference to instructional staff which was left in a previous section of code and is no longer consistent with the use of the term, • specifying that performance criteria data must be submitted annually for the determination of movement on the Career Ladder, •addingclarificationtothecreditrequirementsfordeterminingtheadditionaleducationalallotment during implementation, to make it consistent with the language in the same section which takes effect at full implementation, and • clarifying that identifiable performance evaluation ratings are exempt from public disclosure pursuant to Section 74-106, Idaho Code. Additional language has been added to allow for the calculation of the salary based apportionment for Pupil Service Staff and Administrative Staff, when the district does not employ these individuals, but contracts for services pursuant to Section 33-1004(6), Idaho Code, and amends the administrator evaluation review process to engage the Idaho teacher preparation programs to assist in assuring the fidelity of the evaluations with the statewide framework.

Repeals and amends existing law to provide a circumstance where rape can occur and to provide that both males and females are capable of committing rape; and to revise terminology in the definition of "rape" to make it gender neutral.

ThepurposeofthislegislationistoaddressshortcomingsinIdaho'scurrentcriminalcodeinvolving offenses of a sexual nature. A recent decision of the Idaho Supreme Court raised questions about Idaho's rape Statute, Idaho Code § 18-6101. In State v. Jones, 154 Idaho 412 (2013), the Idaho Supreme Court recognized, "Approximately thirty-two states, the Model Penal Code, the District of Columbia Code, and the Uniform Code of Military Justice have done away with the resistance requirement completely, allowing prosecutors to establish a rape without any resistance present." However, Idaho's statute still required some form of resistance from the victim. This legislation seekstoamendthecurrentstatutetoprovidethatavictimofrapeneednotofferresistancewherethe victim has a well-founded belief that resistance would be futile or that resistance would result in the use of force or violence. The legislation also amends Idaho Code § 18-6101 to replace the current female pronouns used for a victim with gender-neutral language. This recognizes the reality that not all rape victims are female, and renders Idaho's rape law the same for both men and women. In light of the proposed changes, related statutes will also need to be updated. Idaho's rape of spouse statute, Idaho Code § 18-6107 will need to be updated to refer to the proper subsections. With the gender references changed in Idaho Code § 18-6101, Idaho's male rape statute, Idaho Code § 18-6108, and the statute outlining the punishment for male rape, Idaho Code § 18-6109 can be repealed.

Repeals, amends and adds to existing law to revise the calculation of the Educational Support Program; to provide for a reading assessment; and to establish provisions regarding literacy intervention programs.

Repeals existing Sections 33-1615 and 33-1616, Idaho Code, and replaces them with amended versions of what is now Sections 33-1614 and 33-1615, Idaho Code. Amendments to the current language in Section 33-1615, Idaho Code (Reading Intervention) would clean up existing language and expand reading interventions for students in kindergarten through grade three. Current requirements specify a minimum number of hours for students reading below grade level, but does not define below grade level. There are three levels of proficiency identified on the statewide reading assessment. Two of those levels, basic and below basic, are considered below grade level. Amendments define students who score basic and below basic as being below grade level, and specify intervention requirements for both levels by expanding interventions from the current requirement of a minimum of 40 hours of intervention for students who are below grade level to a minimum of 60 hours for those who are below basic, and a minimum of 30 hours for those who are identified as basic. The current language in section 33-1614, Idaho Code (Reading Assessment) outlines requirements for identification of student reading proficiency. The proposed changes would make technical corrections and remove unnecessary details, including specifics about which skills should be tested through the state's reading assessment, as these details are included in the Idaho Comprehensive Literacy Plan. Additional changes retain reporting requirements from what is currently outlined in Section 33-1616, Idaho Code, to the new section 33-1616, Idaho Code.