Idaho Bills

Appropriates $4,232,100 to the State Treasurer for fiscal year 2019; limits the number of authorized full-time equivalent positions to 26.00; 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 is the FY 2019 original appropriation bill for the State Treasurer. It appropriates $4,232,100 and caps the number of authorized full-time equivalent positions at 26.00. For benefit costs, the bill removes $1,450 per eligible FTP to bring the annual employer contribution for health insurance down to $11,650 by including a two-month employee and employer premium holiday, adds a 6.8% increase for life insurance, and adjusts funding for workers' compensation in amounts that vary by agency. For statewide cost allocation, $2,400 is provided, as risk management costs will increase by $700, State Controller fees will increase by $2,000, and State Treasurer fees will decrease by $300. An annualization of $1,000 is provided for the State Treasurer's statutory salary increase for the period July 1, 2018, through December 31, 2018. The bill also provides funding for a 3% ongoing merit-based salary increase for permanent employees, to be distributed at the discretion of the agency head.

Amends existing law to provide that the addition to taxable income for a nonqualifed withdrawal from a college savings plan is limited to contributions previously exempt from Idaho state income tax and earnings generated from the program as long as the earnings are not already included in federal adjusted gross income.

Nonqualified withdrawals Section This legislation amends Idaho Code section 63-3022 to tax the earnings portions only of a non-qualified withdrawal from the Ideal- Idaho 529 College Savings Program. The federal 529 law stipulates that all college savings contributions are deposited post-tax. This is observed in Idaho as well. Currently, federal and Idaho 529 laws treat nonqualified withdrawals differently. The federal law states that nonqualified withdrawals are taxed on the earnings portion only as the principle has been previously taxed. Idaho Code 63-3022 requires that a nonqualified withdrawal from the Idaho College Savings Program be taxed on the entire amount withdrawn. This legislation changes Idaho code to tax the earnings portion only of nonqualified withdrawals. This alleviates a double tax on principle contributions. It also ensures that the treatment of nonqualified withdrawals are consistent in federal and state laws and compare equally with all other 529 counterparts nationally. ABLE rollovers The Federal Tax Cuts and Jobs Act of 2017 included text to allow for rollovers from a state qualified tuition program (Idaho's College Savings Program) to a qualified Achieving a Better Life Experience (ABLE) program account. This legislation adds a recapture provision for a two-year period for contributions previously deducted through the Idaho College Savings Program ensuring that the treatment of rollovers to other programs are consistent. Idaho does not have an Achieving a Better Life Experience (ABLE) program. Data is not available in Idaho or from the social security administration indicating how many Idahoans possibly have an ABLE account in another state.

Amends existing law to revise provisions regarding threatening school violence and to provide that certain acts shall be a felony.

This legislation will update the current statute to provide for a misdemeanor charge to willful threats of violence directed at schools, school activity venues, school buses, school staff and/or school students, regardless of the point of origin, and delivered by any means of communication. This legislation further provides for charging of a felony if a person is found in possession of dangerous weapons, and defined in the section, in the furtherance of carrying out threat and after first having made such a threat. This legislation contains an emergency clause.

Amends existing law to revise fees for certain skills tests.

This Legislation increases the fees for Class D and motorcycle skills testers. The portion of monies from Class D skills tests deposited to the state highway account remains constant.

Amends existing law to revise provisions regarding pharmacy licensing and registration.

This bill updates and modernizes provisions of the Pharmacy Practice Act related to licensure and registration. The bill specifically eliminates two categories of registration: non-pharmacy retail outlets (e.g., retail outlets that sell non-prescription drugs) and certain veterinary drug outlets. Elimination of these registration categories does not mean these activities cannot occur; it simply removes the need for registration prior to engaging in these activities. The bill also removes obsolete definitions and creates an exception to fingerprinting requirements. The bill updates the annual renewal dates for licenses and registrations, which will stabilize revenue collection and staff workload, mitigating the need for future licensing staff increases. The bill also clarifies instances of unlawful practice; specifically, technology advancements have enabled non-resident pharmacists to provide services on behalf of Idaho-licensed facilities and such pharmacists will be exempt from licensure requirements and are carved out of the definition of unlawful practice provided certain conditions are met. Lastly, the bill provides housekeeping updates to remove obsolete language, modernize requirements, and correct spelling errors.

Appropriates $1,308,700 to the Office of Energy and Mineral Resources for fiscal year 2019; and limits the number of authorized full-time equivalent positions to 8.00.

This is the FY 2019 original appropriation bill for the Office of Energy and Mineral Resources. It appropriates $1,308,700 and caps the number of authorized full-time equivalent positions at 8.00. For benefit costs, the bill removes $1,450 per eligible FTP to bring the annual employer contribution for health insurance down to $11,650 by including a two-month employee and employer premium holiday, adds a 6.8% increase for life insurance, and adjusts funding for workers' compensation in amounts that vary by agency. Funding for replacement items includes $6,400 for phone upgrades, laptops, and office furniture. For statewide cost allocation, $4,900 is removed, as Attorney General fees will decrease by $900, fees for Legislative Audits will decrease by $4,000, risk management costs will decrease by $400, and State Controller fees will increase by $400. The bill also provides funding for a 3% ongoing merit-based salary increase for permanent employees, to be distributed at the discretion of the agency head.

Appropriates $120,147,300 to the Department of Health and Welfare for the Public Health Services Division for fiscal year 2019; limits the number of authorized full-time equivalent positions to 237.02; provides for transfers to the Cooperative Welfare Fund; limits the transfer of funds budgeted for trustee and benefit payments; provides for program integrity; provides for a plan on suicide prevention and awareness; transfers $1,831,000 from trustee and benefit payments to operating expenditures for the Department of Health and Welfare Physical Health Services Program for fiscal year 2018; and provides for a cash transfer from the Idaho Immunization Dedicated Vaccine Fund to the General Fund.

This is the FY 2019 original appropriation and FY 2018 supplemental appropriation bill for the Department ofHealthandWelfarefortheDivisionofPublicHealthServices. ForFY2019itappropriates$120,147,300, limits the number of full-time equivalent positions at 237.02, and adds four sections of legislative intent language. These sections allow for transfers from the General Fund, limit funding transfers, provide for program integrity, and require a plan on suicide prevention and awareness. For FY 2018, the bill provides for two transfers that have a net zero impact. Adjustments for FY 2019: For benefit costs, the bill removes $1,450 per eligible FTP to bring the annual employer contribution for health insurance down to $11,650 by including a two-month employee and employer premium holiday, adds a 6.8% increase for life insurance, and adjusts funding for workers' compensation in amounts that vary by agency. Funding for replacement items includes $42,800 for the replacement of two vehicles at the state lab. For statewide cost allocation, $11,800 is reduced for risk management costs. The bill also provides funding for a 3% ongoing merit-based salary increase for permanent employees, to be distributed at the discretion of the director. The bill adds funding for eight line items. The first line item adds 0.33 FTP and $19,800 to convert a part-time rural health research analyst to full-time. The second line item adds 1.00 FTP and $3,074,500 for the eWIC program. The third line item transfers $120,000 from trustee and benefit payments to personnel costs for the Vital Statistics Program. The fourth line item adds $200,000 for Time Sensitive Emergencies. The fifth line item adds $256,600 for additional suicide prevention programs in Idaho schools. The sixth line item adds 1.00 FTP and $71,600 for an additional clinical services support staff. The seventh line item adds $149,800 for the expanded access program for the Epidiolex pharmaceutical. The final line item transfers $1,000,000

Amends existing law to provide that certain funds may be used for scholarship awards to adults meeting certain criteria.

To add a provision to the Idaho Opportunity Scholarship to allow up to twenty percent (20%) of funds appropriated for the program to be awarded to adult students who have earned at least 24 credits and who are completing their first undergraduate degree or certificate at an eligible Idaho postsecondary institution. Providing a financial incentive for adults who have some college but no degree to finish a postsecondary program was a unanimous recommendation of the Governor's 2017 Higher Education Task Force.

Amends existing law to revise the definition of “intimate areas,” to define “sexual act,” to revise provisions regarding when a person is guilty of video voyeurism and to provide exceptions.

The purpose of this legislation is to amend 18-6609 to revise the definition of "intimate areas," to define the term "sexual act," to revise the provisions regarding when a person is guilty of video voyeurism, and to add exceptions to the application of the statute. 18-6609(2)(b), as currently written, has been challenged on the grounds that the statute places an unconstitutional restriction on free speech. As a result of these challenges, there is a split in authority amongst district court judges in Idaho. At least one district court judge has ruled that 18-6609(2)(b) is constitutional while other judges have ruled that it is unconstitutional. The proposed amendments would address the overbreadth concerns cited by the district court judges and would make the statute more narrowly tailored.

Amends existing law to revise provisions regarding residency requirements.

This legislation amends Idaho Code, 33-3717B, dealing with the residency requirements for attendance at Idaho public institutions of higher education. This bill addresses three areas of the residency requirements. Thefirstamendmentchangesfrom6to8yearstherequirementthatpermitsanIdahostudenttoretainin-state residency status if they have left the state following their graduation from an Idaho high school, or if they left the state after completing any 6 years of elementary and/or high school education in Idaho and have returned to Idaho to attend an Idaho public institution of higher education. The second change applies only to graduate students and grants in-state residency status to any student who hasgraduatedfromacollegeoruniversityinIdaho;andlivedinIdahoforthelast12monthsofundergraduate education; and received a four-year degree from an Idaho undergraduate institution that is sufficient to be admitted into a graduate or professional program in Idaho; and enrolls in a Idaho graduate or professional program within 36 months of graduating with an undergraduate degree. The last change also applies only to graduate students and grants in-state residency status to any out-of-state student who is enrolled in a graduate or professional degree program after residing in Idaho for 12 months.

Repeals existing law and enacts the Idaho Architecture Practice Act.

This legislation, proposed by the Board of Architectural Examiners, modernizes and reorders the provisions of Chapter 3, Title 54, Idaho Code, so that it is better organized and easier to understand. The proposal gives the chapter a title, provides legislative intent, and organizes "The Idaho Architecture Practice Act" in a manner consistent with the way legislation for regulated professions and occupations is written today. It increases honoraria for board members from $75 to $100 for face-to-face meetings.

Appropriates $687,765,800 for the Public Schools Educational Support Program/Division of Operations for fiscal year 2019; 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”; allows for transfers among other divisions; and makes a General Fund transfer.

This is the FY 2019 original appropriation bill for the Division of Operations of the Public Schools Educational Support Program. It appropriates $632,440,200 from the General Fund and $55,325,600 in dedicated funds. This division includes pupil transportation, salaries and benefits for classified staff, technology, innovation schools funding, and discretionary funds that can be used for any educational support services or general operations. This budget includes $4,316,900 for a 3% base salary increase for classified staff. Also included is $10,556,600 for nondiscretionary adjustments due to enrollment growth and the estimated increase in pupil transportation. The endowment adjustment includes a decrease of $3,276,000 from the General Fund and an increase of $3,276,000 from dedicated funds. The bill funds four line items, which provide $10,500,000 for technology in line item 3 that, when added to the $26 million in the FY 2019 Base, will bring the amount of funding for classroom technology up to $36.5 million for FY 2019. The combination of funding in line items 6 and 7 increases discretionary funding to $27,481 per support unit, which is a 2.7% increase over the current year. Individually, the $4,034,000 from the General Fund is tied to the 2017 Consumer Price Index (CPI) increase of 1.7% and the $7,209,300 from the General Fund for health insurance is the result of several calculations and analyses of school district health insurance costs, rate increases, and staffing levels. Line item 14 provides $500,000 for IT staffing. This is an increase of 5.8% from the General Fund and 5.2% from all funds.

Appropriates $175,100 to the Office of the Lieutenant Governor for fiscal year 2019; limits the number of authorized full-time equivalent positions to 3.00; and provides exemptions from object transfer limitations.

This is the FY 2019 original appropriation bill for the Office of the Lieutenant Governor. It appropriates $175,100, caps the number of authorized full-time equivalent positions at 3.00, and provides exemptions from object transfer limitations. For benefit costs, the bill removes $1,450 per eligible FTP to bring the annual employer contribution for health insurance down to $11,650 by including a two-month employee and employer premium holiday, adds a 6.8% increase for life insurance, and adjusts funding for workers' compensation in amounts that vary by agency. An annualization of $400 is provided for the Lieutenant Governor's statutory salary increase for the period July 1, 2018, through December 31, 2018. The bill also provides funding for a 3% ongoing merit-based salary increase for permanent employees, to be distributed at the discretion of the agency head. The bill funds one line item, which provides $2,300 for IT and Telecommunications.

Appropriates $17,181,100 to the Industrial Commission for fiscal year 2019; limits the number of authorized full-time equivalent positions to 138.25; and amends existing law to increase the salaries of the Industrial Commissioners.

This is the FY 2019 original appropriation bill for the Industrial Commission. It appropriates $17,181,100 andcapsthenumberofauthorizedfull-timeequivalentpositionsat138.25. Forbenefitcosts,thebillremoves $1,450 per eligible FTP to bring the annual employer contribution for health insurance down to $11,650 by including a two-month employee and employer premium holiday, adds a 6.8% increase for life insurance, and adjusts funding for workers' compensation in amounts that vary by agency. Funding for replacement items includes $123,200 for computers, printers, standard IT equipment, office furniture, and one vehicle. For statewide cost allocation, $16,900 is provided, as Attorney General fees will increase by $14,700, fees for Legislative Audits will increase by $3,000, risk management costs will decrease by $2,700, and State Controller fees will increase by $1,900. The bill also provides funding for a 3% ongoing merit-based salary increase for permanent employees, to be distributed at the discretion of the agency head. The bill funds one line item, which provides $11,100 for a 3% salary increase for the three Industrial Commissioners. Section 3 of the bill amends Section 72-503, Idaho Code, to statutorily raise the Industrial Commissioners' annual salary to allow for the increase.

Adds to and amends existing law to provide for the crimes of sexual battery and aggravated sexual battery, to provide punishments and to provide that the Sexual Offender Registration Notification and Community Right-to-Know Act shall apply to any person who commits aggravated sexual battery.

The bill amends the Idaho criminal code relating to battery to add a new section pertaining to sexual battery (I.C. 18-924) to differentiate between unlawful touching, in general (which would be charged under the current I.C. 18-903 as battery), and unlawful touching of private areas for the purpose of degrading, humiliating, or demeaning the victim or for the defendant's sexual gratification (which could be charged as sexual battery under the proposed statute). Under the proposed statute, sexual battery remains a misdemeanor, with the possibility of increased jail time. The bill also provides another new section (I.C. 18-925), aggravated sexual battery. Aggravated sexual battery is sexual battery, as defined in the proposed section 18-924, committed under circumstances constituting aggravated battery, as defined in I.C. 18-907. Aggravated sexual battery would be a felony. Finally, the bill revises the Sexual Offender Registration Notification and Community Right-to-Know Act (I.C. 18-8304) to include aggravated sexual battery as a registerable offense.

Appropriates $19,035,500 to the State Board of Education and the Board of Regents of the University of Idaho for Health Education Programs for fiscal year 2019; limits the number of authorized full-time equivalent positions to 30.15; exempts the appropriation from object transfer limitations; and reappropriates unexpended and unencumbered dedicated fund balances.

This is the FY 2019 original appropriation bill for Division of Health Education Programs. It appropriates $19,035,500andcapsthenumberofauthorizedfull-timeequivalentpositionsat30.15. Forbenefitcosts, the bill removes $1,450 per eligible FTP to bring the annual employer contribution for health insurance down to $11,650 by including a two-month employee and employer premium holiday, adds a 6.8% increase for life insurance, and adjusts funding for workers' compensation in amounts that vary by agency. Inflationary adjustments include $559,100 ongoing from the General Fund for contract inflation for contract cost escalation with Washington State University College of Veterinary Medicine, WWAMI Regional Medical Education program, Creighton University School of Dentistry, and the University of Utah School of Medicine. The bill provides funding for a 3% ongoing merit-based salary increase for permanent employees, to be distributed at the discretion of the agency head or institution president. The bill includes seven line items, which provide: 4.35 FTP and $802,200 from the General Fund ($714,700 ongoing, $87,500 onetime) for an 18-month curriculum build-out for the WWAMI Medical Education program in line item 1; $87,600 ongoing from the General Fund for the third year build-out at the University of Utah School of Medicine in line item 2; $565,000 ongoing from the General Fund to provide $35,000 per resident for the Family Medical Residency program in line item 3; $77,500 ongoing from the General Fund for the Boise Internal Medicine Residency program to increase state support for residents in line item 4; $240,000 ongoing from the General Fund to provide $60,000 per resident for the Psychiatry Education program in line item 5; $455,000 ongoing from the General Fund to create the Eastern Idaho Medical Residencies program and includes $35,000 per resident for ten new residents, a program director, and a residency coordinator in line item 6; and $525,000 ongoing from the Genera

Amends existing law to clarify that a payment shall be applied to the oldest delinquent account in the county's records first.

Idaho Code § 63-1002(2) states delinquent tax payments "may" be paid and accepted upon the oldest delinquency. Some counties have interpreted the statute to say the taxpayer can decide to pay whatever year they want rather than the most delinquent. This legislation would require that delinquent tax payments "shall" be paid and accepted upon the oldest delinquency.

Amends existing law to provide a definition, an exception, and a certain waiver.

This legislation amends Title 41, Chapter 41 of Idaho Code relating to Joint Public Agency Self-Funded Health Care Plans. The purpose of this bill is to allow the Director of the Department of Insurance to waive the requirement for a joint public agency self-funded health benefits plan to purchase aggregate stop loss insurance when certain conditions are met.

Amends existing law to provide that rental rates at multiagency facilities shall include a provision sufficient to provide for the long-term maintenance and upkeep of the facilities, subject to the review and approval of the Permanent Building Fund Advisory Council.

This legislation requires the Department of Administration to include costs of long-term maintenance when calculating rental rates for tenants in department-managed facilities. These rental rates are subject to review and approval by the Permanent Building Fund Advisory Council. This would allow the Department to capture funding from all sources (including dedicated, federal, and private funds) for the ongoing costs of maintaining state facilities.

Appropriates an additional $6,000 to the Department of Health and Welfare for the Child Welfare Program for fiscal year 2019; provides legislative intent on the use of certain funds; appropriates an additional $50,000 to the Supreme Court for the Supreme Court Program for fiscal year 2019; provides an exemption for the Supreme Court from object and program transfers for fiscal year 2019; appropriates and transfers an additional $32,000 to the Public Health Districts for fiscal year 2019; and provides legislative intent on the allocation of funds by the Public Health Districts.

This is an FY 2019 trailer appropriation bill for the Department of Health and Welfare, the Supreme Court, and the Public Health Districts. It addresses the fiscal impact of S1341, which provides for foster care reform. This bill provides funding to the three involved state entities along with lump sum authority for the Supreme Court, and legislative intent language that provides for certain uses of the Child Abuse Protection Treatment Act (CAPTA) funds.

Adds to and repeals existing law to provide for the Office of Information Technology Services in the Office of the Governor, to provide for the receipt of payment for services to units of state government, to provide for the general powers and duties of the authority and to provide for the transfer of responsibility for the integrated property records system.

To establish in the Office of the Governor the Office of Information Technology Services. This office will oversee and coordinate implementation of information technology services and cybersecurity policies within the State of Idaho. The existing information technology services functions currently performed by the state's Department of Administration would be transferred to this new office to facilitate consolidation and efficiency of IT services and cybersecurity efforts across all state agencies.

Amends existing law to revise the time that a nursing home administrator-in-training shall serve under the direct supervision of a licensed nursing home administrator and to revise the frequency of reports.

Thepurposeofthislegislationistoreducethetrainingrequirementstobecomeanursinghomeadministrator. The new requirements of 1,000 hours as an Administrator in Training will take approximately 6 months to complete. This is a reduction from the current one-year requirement. This legislation will align Idaho with the national standards for nursing home administrators and allow those coming into the state to obtain a license without having to get additional training, therefore, making it easier to recruit qualified administrators to Idaho.

Appropriates $6,682,600 to the Public Utilities Commission for fiscal year 2019; limits the number of authorized full-time equivalent positions to 52.00; and increases the salaries of the Public Utilities Commissioners.

This is the FY 2019 original appropriation bill for the Public Utilities Commission. It appropriates $6,682,600 and caps the number of authorized full-time equivalent positions at 52.00. For benefit costs, the bill removes $1,450 per eligible FTP to bring the annual employer contribution for health insurance down to $11,650 by including a two-month employee and employer premium holiday, adds a 6.8% increase for life insurance, and adjusts funding for workers' compensation in amounts that vary by agency. Inflationary adjustments include $9,800 for a 3% increase for leased office space. Funding for replacement items includes $91,900 for laptops, printers, a server, office furniture, IT equipment maintenance, and software renewals. For statewide cost allocation, $49,700 is provided, as Attorney General fees will increase by $48,000, fees for Legislative Audits will increase by $2,000, risk management costs will decrease by $900, and State Controller fees will increase by $600. The bill also provides funding for a 3% ongoing merit-based salary increase for permanent employees, to be distributed at the discretion of the agency head, and a 3% increase in the compensation schedule. The bill funds one line item, which provides $11,400 for a 3% salary increase for each of the three Public Utilities Commissioners. Section 3 of the bill amends Section 61-215, Idaho Code, to statutorily raise the Public Utilities Commissioners' annual salary to $106,868, to allow for the 3% increase.

Appropriates additional moneys to the Governor, Lieutenant Governor, Secretary of State, State Controller, State Treasurer, Superintendent of Public Instruction, and Attorney General for fiscal year 2019.

This is an FY 2019 trailer appropriation bill for the seven constitutional officers, which include the Governor, Lieutenant Governor, Secretary of State, State Controller, State Treasurer, Superintendent of Public Instruction, and Attorney General. It addresses the fiscal impact of H670, which sets the salaries of the constitutional officers for the next four years and provides a onetime increase, commencing on January 1, 2019.

Amends existing law to revise the length of time that a representative status of a professional employee will be valid for purposes of negotiations.

This revises the length of time that the representative status of a professional employee will be valid for purposes of negotiations.