Idaho Bills

Amends and adds to existing law to provide for the appointment of co-guardians in certain instances; to provide for the appointment of temporary guardians in certain instances; to revise the duties and qualifications for a visitor in guardianship proceedings; and to revise the proceedings for the appointment of guardians and conservators.

This bill has been proposed by the Supreme Court based on a recommendation from its Guardianship and Conservatorship Committee, which brings together judges, practitioners, legislators, and others who deal with this area of the law. It amends the guardianship statutes in a few respects. First, in Doe I v. Doe II, 160 Idaho 311, 372 P.3d 366 (2016), the Supreme Court held that the current statutes permit the appointment of only a single guardian for a minor. This bill would permit the appointment of two co-guardians for minors, incapacitated persons, and persons with developmental disabilities. It sets standards for the appointments of co-guardians, and also provides that the court would determine whether the co-guardians could act independently or would be required to act jointly. Second, the legislation would clarify the standards for temporary guardians, who are appointed by a court when a guardian has not yet been appointed but a temporary guardian is needed to protect the individual, or when there is substantial evidence that an appointed guardian is not performing the duties of a guardian. Third, the bill provides that Supreme Court rules would establish the qualifications of court visitors and the standards for visitors' reports to the court. Finally, the bill would require that in cases of persons with developmental disabilities, the reports of evaluation committees would be made in compliance with Supreme Court rules.

Appropriates and transfers $38,400 from the General Fund to the Hazardous Substance Emergency Response Fund for fiscal year 2017.

Idaho Code authorizes the use of deficiency warrants under certain circumstances. The agencies pay the bills and come back to the Legislature during the next session for the cash to reimburse those costs. This bill includesreimbursementtotheMilitaryDivisionforcostsassociatedwiththecleanupofhazardousmaterials incidents throughout Idaho.

Amends existing law to revise duties of the State Treasurer, to modernize language and to reflect current practices.

The purpose of this legislation is to modernize language and to reflect current practices. Section 2 is being changed to reflect modern practices and because a referenced section of Idaho Code has since been repealed. Section 3 is being updated to reflect current practices: Receipts are created by various sources and some are automated through bank files. Furthermore, receipts are numbered uniquely, but not sequentially. Section 8 is being updated to reflect that the Treasurer does not identify purpose of payments and cannot report which payments were specifically for the redemption of bonds. Section 10 is being updated because there is not a date prescribed in Code. Section 11 is being updated to reflect that with modern practices many writings and papers are in an electronic format.

Appropriates $38,829,600 to the Department of Commerce for fiscal year 2018; limits the number of authorized full-time equivalent positions to 43; transfers $2,000,000 from the General Fund to the Idaho Opportunity Fund; transfers $31,800 from the Indirect Cost Recovery Fund to the General Fund; and transfers $8,200 from the Indirect Cost Recovery Fund to the Tourism and Promotion Fund.

This is the FY 2018 appropriation to the Department of Commerce in the amount of $38,829,600 with full-time equivalent positions capped at 43. This appropriation includes benefit cost increases, Statewide CostAllocation,a3%CEC,andcybersecurityinsurance. The3%CECisamerit-basedincreaseinemployee compensation for permanent employees to be distributed at the discretion of each director. Additionally, it includes$20,200toreplaceonevanand5lineitems. Lineitem1provides$2,510,900foradditionaltourism grants that will boost promotion of statewide tourism. Line item 2 provides $2,000,000 for additional Idaho Opportunity grants. Line item 4 provides $50,000 for additional Rural Community Block Grants. These grants fund infrastructure necessary to support local economic development projects. Line item 5 provides a $40,000 appropriation from the Indirect Cost Recovery Fund that will transfer moneys back to the original fund source. Line item 6 provides $43,000 for leave benefits that were accrued to the Indirect Cost Recovery Fundfromfederalgrants. Overall, thisbudgetisa7.2%increaseabovetheFY2017OriginalAppropriation.

Amends existing law to provide that opioid antagonists dispensed to humans shall be filed with the Board of Pharmacy, to provide that the board shall retain certain information for five years, to provide that pharmacists must register to access the controlled substances prescriptions database, and to revise a definition.

Thepurposeofthisbillistoenhancetheuseandfunctionalityofthestate'sPrescriptionMonitoringProgram ("PMP") database. Specifically, this bill allows medical and pharmacy students to access the PMP as a delegate of a supervising practitioner or pharmacist; limits the Board of Pharmacy's recordkeeping of PMP data to five (5) years; and requires one-time pharmacist registration for free PMP access in a manner similar to what is required for prescribers.

Amends existing law to revise definitions in the Child Protective Act.

Sex trafficking of minors is an issue of increasing concern at both the state and federal level. While there is no official estimate on the number of human trafficking victims in the United States, in 2015, an estimated one out of five endangered runaways reported to the National Center for Missing and Exploited Children were likely child sex trafficking victims. The Idaho Child Protective Act does not currently include human trafficking in its definitions of abuse or neglect, potentially leaving victims vulnerable to further abuse. The Justice for Victims of Sex Trafficking Act of 2015 (Public Law 114-22) amends the Child Abuse Prevention and Treatment Act (CAPTA) state grant program requirements and specifically requires states to consider any child who is identified by a state as a victim of sex trafficking or severe forms of trafficking (as defined in P.L. 114-22) as a victim of "child abuse and neglect" and "sexual abuse." The proposed legislation will increase the state's ability to protect minor victims of sex trafficking by including human trafficking as defined in Section 18-8602, Idaho Code, in the definitions of abuse and sexual conduct in the Child Protective Act (Section 16-1602, Idaho Code). The proposed legislation will also bring Idaho into compliance with P.L. 114—22.

Appropriates $2,263,800 to the Division of Human Resources for fiscal year 2018; limits the number of authorized full-time equivalent positions to 15; provides guidance for employee compensation; and provides guidance for the implementation of employee compensation.

This is the FY 2018 appropriation to the Division of Human Resources for $2,263,800 in dedicated funds with full-time equivalent positions capped at fifteen (15). It includes $10,200 in benefit cost increases, a reduction of $12,300 in statewide cost allocation, $29,100 for an ongoing 3% merit-based increase in employee compensation for permanent employees to be distributed at the discretion of agency heads, and $100 for cybersecurity insurance. The bill also includes funding for three line items, including a net increase of $4,400 and 3.00 FTP to transfer employee training staff from the Division of Career Technical Education to the Division of Human Resources. This line item also includes a shift of $235,900 from operating expenditures to personnel costs that nets to zero. Line item 2 is for a state employee applicant tracking system that is used by all state agencies. Line item 3 is for statewide cybersecurity training for all state employees. The bill also includes two sections of intent language that provide legislative intent related to employee compensation.

Appropriates $924,988,500 for the Public Schools Educational Support Program/Division of Teachers for fiscal year 2018; directs the use of moneys for professional development; and defines the term “distributed.”

This is the Fiscal Year 2018 appropriation for the Teachers Division of the Public Schools Educational Support Program, in the amount of $924,988,500. Within this amount, there is an increase of $63,005,500 of nondiscretionary adjustments. These adjustments include $61,928,200 for instructors and pupil services staff for the third year of the career ladder compensation system. Also included is $756,400 for an increase in leadership awards and $320,900 for increases in math and science requirements. Additional funding was added in two line items. Line item 1 for an increase of $4,250,000 to be distributed to school districts and charter schools for professional development. Line item 2 for $2,000,000 for academic and college or career advisors and student mentors to be implemented according to sections 33-1002(r) and 33-1212A, Idaho Code. Totals for this appropriation bill include $909,988,500 from the General Fund and $15,000,000 from federal funds for a total of $924,988,500. This is an 8.2% increase from the General Fund and 8.1% from all funds.

Amends existing law to revise daily compensation provided to members of the Endowment Fund Investment Board.

Change$50/daycompensationfromsalarytohonorariumforEndowmentFundInvestmentBoardmembers. This change will make it easier to attract and retain board members because they will not be forbidden from making tax deductible IRA contributions. A "salary" makes them a PERSI member, but an honorarium does not.

Amends existing law to establish criteria for a property tax exemption for business property regarding a new or existing plant investment.

Property tax exemption for qualified projects is one of the few economic development tools available to county governments to support and encourage business expansion opportunities. Over the past several years, county commissioners have suggested that the limited scope of the property tax exemption - namely, that it requires $3 million in capital investment and can be used only to support manufacturingprojects-hasbeenalimitingfactorinsupportingbusinessesthatwouldhaveprovidedaboost to the local economy. This legislation enhances the project eligibility beyond manufacturing and creates a lower threshold for capital investment of not less than $500,000. County commissioners would retain sole discretion on whether to extend this exemption to an eligible project and would have the ability to annually establish a higher threshold. They would also be required to notify local taxing districts when considering a property tax exemption.

Appropriates $4,203,500 to the State Treasurer for fiscal year 2018; limits the number of authorized full-time equivalent positions to 26; provides for reappropriation authority for the LGIP Fund; provides legislative intent regarding conference-related activities; provides legislative intent regarding payment of bank service fees; and provides legislative intent regarding mitigation of bank service fees.

This bill appropriates $4,203,500 to the State Treasurer for FY 2018 and caps the number of authorized full-time equivalent positions at 26.00. For program maintenance, the bill provides for the employer's share of increased benefit costs and statewide cost allocation. It includes an annualization and increase for the State Treasurer's salary changes, as provided by Section 59-501, Idaho Code. The bill also provides for an ongoing 3% merit-based increase in employee compensation for permanent employees to be distributed at the discretion of agency heads. The final maintenance adjustment provides $14,900 for cybersecurity insurance. One line item is included, which provides $135,900 from the Unclaimed Property Fund for an annual fee associated with a hosted unclaimed property management system. Under budget law exceptions, theStateTreasurerisprovidedwithcarryoverauthorityofunspentappropriationsfromFY2017fortheLocal Government Investment Pool (LGIP) Fund. The bill also expresses legislative intent regarding conference related activity, payment of bank service fees, and mitigation of bank service fees.

Amends existing law to clarify the sequence of appointments to the commission.

Section 33-5213, Idaho Code establishes the Public Charter School Commission including provisions regarding appointment to the commission and terms for said appointments. The proposed legislation would provide clarifying language regarding the terms of appointment and the rotation for the appointment of members. Originally, all members were appointed by the Governor. In 2013, appointments were changed so that they are made by the Governor, Speaker of the House, and the President Pro Tempore of the Senate. The rotation of these appointments resulted in three members in a row being appointed by the Governor, until all positions appointed prior to 2013 have been reappointed or new members have been appointed. Following this schedule each member is then reappointed by the same appointing authority that originally appointed them. This process has caused some confusion and the Board has been asked to amend the section to clarify the order of appointments.

Appropriates an additional $183,500 to the Idaho State Police for fiscal year 2018.

This is a trailer appropriation bill that provides $183,500 to the Idaho State Police for FY 2018 to address the fiscal impact of S1088, which amends Section 19-5506, Idaho Code, to require DNA collection from any person required to register as a sex offender pursuant to Sections 18-8304 and 18-8410, Idaho Code, including individuals who move to Idaho from other states. An estimated 300 registered sex offenders move to Idaho each year without having to submit a DNA sample. Also, there are currently 1,535 registered sex offenders for which a DNA sample has not been collected. Each DNA sample costs $100.

Amends existing law to revise fee provisions regarding petitions for exclusion; to revise when hearings are to be held regarding petitions for exclusion, to require payment of outstanding assessments, to provide for liens; to revise provisions regarding exceptions to payment of costs associated with exclusion of land, and to revise when hearings are to be held.

The purposes of this legislation are to: clarify the exclusion fee schedule depending on location and size of parcel proposed for exclusion; clarify that exclusion process-related fees are to be borne by the petitioner and are not potentially apportionable costs shared by the irrigation district; extend the available irrigation district investigation/hearing timeline to allow facility and water availability investigation to occur when weather conditions are more suitable for performing such tasks either close to, or when, water is in the ditch system; and clarify that current and prior year assessments remain due and owing prior to exclusion.

Appropriates an additional $1,000,000 to the Idaho State Historical Society for fiscal year 2017; authorizes carryover of any unspent balances of those moneys into fiscal year 2018; and provides legislative intent.

This is a $1 million supplemental appropriation to the Idaho State Historical Society for the period of July 1, 2016 through June 30, 2018. The funds will be used, only if necessary, for cash flow to ensure that the agency can execute a change order to begin exhibition fabrication at the renovated and expanded State History Museum that is scheduled to reopen in Spring 2018. This appropriation does not change the overall project budget of $8 million or the Foundation for Idaho History's commitment to its capital campaign goal of $4 million in non‐state funding to support the exhibition fabrication. This request ensures that the agency abides by executive branch rules of executing contracts only when funding is in hand to support the contract obligation. Theappropriationincludeslegislativeintentthatthefundsshallonlybeusedtocompletethestatecontractto developandinstallmuseumexhibitsinthenewlyrenovatedandexpandedstatehistoricalmuseum. Receipts of any donation to the agency in excess of what is necessary to fund the museum exhibits shall be deposited into the General Fund. Any federal grants received to support the development of the museum exhibits in FY 2017 or FY 2018 shall also be spent or drawn down before using the funds. If the agency determines that a portion of the General Fund appropriation is available to be reverted prior to June 30, 2018, it shall notify the Office of the State Controller, and the State Controller is hereby authorized to revert such amounts back to the General Fund.

Appropriates $653,649,000 for the Public Schools Educational Support Program/Division of Operations for fiscal year 2018; amends existing law to increase the salary-based apportionment for classified staff; provides an estimate for discretionary funds per support unit; provides for expenditures for information technology staff; provides for classroom technology and instructional management systems; defines the term “distributed”; and allows for transfers among other divisions.

This is the Fiscal Year 2018 appropriation for the Operations Division of the Public Schools Educational Support Program in the amount of $653,649,000. This budget includes $4,322,600 for a 3% base salary increase for classified staff and $9,808,200 for nondiscretionary adjustments due to enrollment growth. The adjustments include $7,143,500 to maintain discretionary funding at $25,696. Also, $2,537,100 is needed for salaries and benefits, $491,800 for projected transportation cost increases, and a decrease of $364,200 for unused unemployment insurance. There is also an increase of $10,324,800 of endowment funds and a decrease in the same amount from the General Fund. There are four line items included in this appropriation. Line item 1 provides $5,000,000 from the General Fund for classroom technology and infrastructure. Line item 2 increases discretionary funding by $2,978,900 from the General Fund and $3,000,000 one-time from dedicated funds. Line item 4 adds $5,000,000 from the General Fund to be distributed for information technology (IT) staffing. Line item 5 provides an increase of $9,967,800 from the General Fund to discretionary funds for the employer portion of health insurance for state-funded school district employees due to premium rate increases. The totals for this appropriation are $597,599,400 from the General Fund and $56,049,600 from dedicated funds, for a total of $653,649,000. This is an increase of 4.7% from the General Fund and 6.5% from all funds. Discretionary funds would be set at $26,748 per support unit, which is a 4.1% increase. Pursuant to Section 5 of this act, and to address rising health insurance costs, discretionary funds would be further divided into two distributions. The first distribution is $15,506 per support unit to be used at the discretion of the school district or charter school. The second distribution is $11,242 per support unit to be used to offset the school district or charter school employer cost of health, vision,

Appropriates $52,029,400 to the Department of Juvenile Corrections for fiscal year 2018; and limits the number of authorized full-time equivalent positions to 413.

This bill appropriates $52,029,400 to the Department of Juvenile Corrections for FY 2018 and caps the number of authorized full-time equivalent positions at 413.00. For program maintenance, the bill provides fortheemployer'sshareofincreasedbenefitcosts,inflationaryadjustments,replacementitems,andaccounts for decreases for 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. Five line items are included, which provide $484,100 to match instructor pay with public school teachers; a net-zero program/object transfer for community program grant administration; a net-zero object transfer and 1.00 FTP to hire a vocational program instructor; a net-zero program transfer of 3.00 FTP and associated personnel costs to realign three office specialist positions; and $3,600 for cybersecurity insurance.

Amends existing law to provide that each fund invested by the State Treasurer shall be charged an investment administration fee.

The statutory authority for a number of funds invested by the Treasurer directs the earnings from the investment to a separate fund. The current language of Idaho Code Section 67-1210 allows the Treasurer to deduct investment administration fees only from a fund that receives income, which could prevent the deduction of administrative fees from funds that do not retain investment income. In addition, the language raises the issue of whether administrative fees can be deducted if there is no investment return as could occur in a down investment market. The proposed language clarifies that all funds invested by the Treasurer are subject to the investment administrative fee.

Amends and adds to existing law to provide for certification in clinical nutrition.

This legislation establishes a set of standards and educational requirements for a chiropractic certification in clinical nutrition for those licensed chiropractic physicians who wish to utilize vitamins and minerals, via intravenous or injectable routes of administration, in the treatment of their patients. The language within the bill does the following: • Outlines a specific set of post-doctoral, accredited educational coursework that must be completed by a chiropractic licensee seeking certification. • Establishes a set of standards for chiropractic physicians who wish to utilize intravenous and injectable nutrition in the treatment of their patients. • Establishes a stated formulary that specifically outlines the vitamins, minerals, fluids, and supplies that can beprescribed, administered, orutilizedbychiropracticphysiciansholdingaspecialtycertificationinclinical nutrition. • Restates licensing updates made by the Bureau of Occupational Licenses in separate legislation.

Appropriates $31,287,300 to the Agricultural Research and Cooperative Extension Service for fiscal year 2018; and exempts object transfer limitations.

This is the FY 2018 appropriation to the Agricultural Research and Extension Service at the University of Idaho in the amount of $31,287,300. This appropriation provides for increased cost of benefits, replacement items, and a 3% merit-based increase in employee compensation for permanent employees to be distributed at the discretion of the agency or university head. There is one line item in this appropriation and it includes $500,000 ongoing from the General Fund for continuing capital outlay needs of the program. Overall, this budget is a 2.4% increase above the FY 2017 appropriation.

Amends and adds to existing law to authorize the Idaho Real Estate Commission to issue a cooperative license to an out-of-state broker working with an Idaho broker for a commercial real estate transaction; to establish the terms and conditions of a cooperative license; and to authorize a license fee.

Idaho law requires anyone brokering real property located in this state to hold an active Idaho real estate license. This proposal addresses a need in the market for a limited entry into Idaho for the purpose of brokering commercial real property. This need is driven by large scale consumers who may have portfolios with multiple properties across several states. This proposal would define commercial real estate and establish a cooperative license between an individual licensed in another jurisdiction and an Idaho broker for a single commercial real estate transaction. This legislation outlines requirements for out-of-state licensees to act in commercial real estate transactions in this state. It provides for supervision of the transaction by an Idaho licensed broker, document retention within this state, errors and omissions insurance, and consent to service with the Executive Director of the Idaho Real Estate Commission.

Appropriates $75,303,200 to the Department of Health and Welfare for the divisions of Independent Councils, Indirect Support Services, Healthcare Policy Initiatives and Licensing and Certification for fiscal year 2018; limits the number of authorized full-time equivalent positions to 381.1; provides for General Fund transfers to the Cooperative Welfare Fund; directs expenditures for trustee and benefit payments; limits services to available resources; requires a report on VOCA funds; requires a monthly Medicaid tracking report; requires a biannual Medicaid Program Integrity Unit report; requires quarterly transfer reports; requires monthly vacancy reports; requires a report on the implementation of the SHIP grant; requires biannual reports on facility licensing and certification; and appropriates an additional $1,115,100 to the Department of Health and Welfare, Indirect Support Services, for fiscal year 2017.

This is the fiscal year 2018 Original Appropriation to the Department of Health and Welfare for the divisions of Independent Councils, Indirect Support Services, Healthcare Policy Initiatives, and Licensing and Certification. This bill also includes the fiscal year 2017 supplemental appropriation for Indirect Support Services. Forfiscalyear2018, thebillincludes$20,927,900fromtheGeneralFund, $4,613,900fromdedicatedfunds, and $49,761,400 from federal funds for a total of $75,303,200 and 381.1 FTP. The bill also contains three sections of department-wide legislative intent language, one section specific to the Independent Councils, four sections specific to Indirect Support Services, one section specific to Healthcare Policy Initiatives, and one section specific to Licensing and Certification. All four divisions include adjustments for employee benefitcostsanda3%merit-basedchangeinemployeecompensationthatistobedistributedatthediscretion of the department or council director. The Independent Councils Division includes the Developmental Disabilities Council and the Domestic Violence Council. The Developmental Disabilities Council was appropriated funding for a research analyst position. Indirect Support Services provides department wide support for finance, human resources, the office of the director,andITsupport. Thisprogramreceivedadjustmentsforstatewidecostallocation,replacementitems, and cybersecurity insurance. There are three line items for this division. Line item 17 provides for three additional positions to assist with operational needs of the department. Line item 21 adds another financial services position to assist with the Welfare budget and expenditures. Line item 26 provides funding to procure a fraud and abuse detection software system. For fiscal year 2017, this bill includes an additional $1,360,000 in federal fund personnel costs to align with the current federal match. Also included is a reduction of $244,900 from the General Fund. These funds were tr

Amends existing law to provide for uses where a temporary approval shall be granted and to provide for duration of approval.

This legislation would create three exceptions to the mandatory permit requirement for three temporary uses of water. The first exception would authorize the director to allow the diversion of water to prevent flood damage. The second exception would authorize the director to allow the use of unanticipated high flows for the purpose of ground water recharge. The third exception would allow the director to authorize the use of water in response to state or federal health and safety requirements. Such uses shall not constitute a water right and shall be of less than one year duration.

Amends existing law to revise moneys to be deposited into the Fish and Game Set-aside Account.

This bill modifies the set-aside from salmon and steelhead permits that is directed to the fish and game set-aside account designated for specific functions. This is proposed to ensure funds from the fish and game account currently used for these functions are specifically available for the set-aside functions. The change in the set-aside does not affect current fees for the affected permits but are a redistribution of dedicated revenue to more transparently support statutory functions of the set-aside account. A proportional set-aside from salmon and steelhead permits is proposed because it can be feasibly administered from resident and nonresident salmon and steelhead permits, which do not have substantially disparate prices, and will ensure the set-aside keeps pace with any future fee revisions. The related set-aside distribution from eighth class licenses (sportsman's pak licenses) is also revised for consistency.

Repeals and adds to existing law to provide for school safety patrols, to provide that it is unlawful for a vehicle operator to disregard directions from a school safety patrol member, and to provide for the reporting of violations.

Title 33, Chapter 18 (School Safety Patrols) authorizes Boards of Trustees to appoint school safety patrols from the student body for directing traffic at school crossings and makes it unlawful for drivers to disregard the reasonable directions from these individuals. Much of the language in this Chapter is outdated. Additionally, Boards of Trustees have the ability to create safety patrols without this specific authority through their responsibility for the management of the school district. The proposed legislation would repeal the Chapter and move the language specific to the disobeying school safety patrol directions to Chapter 6, Title 49 (Rules of the Road, Motor Vehicles), which already contains language pertaining to school zones.