Idaho Bills

Adds to existing law to provide for policies regarding the prevention and spread of infectious disease at colleges and universities.

This legislation reduces the number of governmental entities who have the authority to close higher education institutions, or otherwise limit any aspect of school programs or activities to prevent the spread of contagious or infectious disease.

Adds to existing law to provide for a claim of compensation for a wrongful conviction.

When the government unjustly takes an Idahoan’s freedom by putting him in prison for a crime he didn’t commit, there is currently no process to compensate him for the years he lost. Wrongful convictions rob a person of time he can never get back and also deprive the innocent person of the chance to be a meaningful part of his family, build a career, or even buy a car. When an innocent person is exonerated and released from prison, just trying to cover the basics becomes a struggle. Exonerations can occur when new evidence is presented or when new science proves that old evidence was invalid. However, Idaho is one of only 15 states where an exonerated person is left completely on his own after he is released from prison. An exoneree is not even provided the same transition benefits the state offers to someone released from prison after completing a sentence. This bill would create an exoneree compensation law in Idaho. The bill is similar to one passed by the Idaho Legislature in 2020, with a few notable differences. This version of the bill would provide $62,000 per year of wrongful incarceration, or $75,000 per year served on death row, as well as a process for how to make a claim for compensation. Anyone forced to wrongfully serve parole on the sex offender registry would be provided an additional $25,000 per year. Exonerees would be given a two-year window to file a claim from the time they were formally exonerated by a court. This bill provides $2,000 more per year than the bill approved in 2020, but does not include non-monetary services such as free health insurance, college tuition, housing assistance and other things included in the 2020 bill. Finally, the bill includes a provision to offset state compensation with any civil awards or settlements paid to exonerees through separate court action. While no amount of money can make up for the years an innocent person lost behind bars, this bill is an important step in repairing the damage to the wrongfully convi

Amends existing law to increase funding for state and local transportation through sales tax.

This legislation increases the sales tax distribution to transportation from 1% to 4.5%. It dedicates eighty million dollars ($80,000,000) of those funds annually to the Idaho Transportation Department (“ITD”) for large infrastructure projects on the state highway system. The excess of eighty million dollars ($80,000,000), if any, is dedicated to local units of government for roads and bridges as sales tax revenues increase. This legislation also partially addresses the long term transportation needs on the state and local transportation systems. The ITD amount allows for approximately one billion six hundred million dollars ($1,600,000,000) in bonding capacity over a twenty-year period. With respect to the local amounts, as the Idaho economy grows, the need for additional infrastructure investment on the local system will continue to grow with it.

Relates to the appropriation to the Office of the Lieutenant Governor for fiscal year 2022.

This is the FY 2022 original appropriation bill for the Office of the Lieutenant Governor. It appropriates a total of $183,100 and caps the number of authorized full-time equivalent positions at 3.00. The bill maintains the current appropriated amount for health insurance at $11,650 per eligible FTP, extends the holiday for the employer's sick leave contribution rate for another year, and restores funding for the employer's unemployment insurance contribution rate. The bill also provides funding for the equivalent of a 2% change in employee compensation for permanent state employees. The bill provides an exemption from Section 67-3511 (1) and (3), Idaho Code, allowing unlimited transfers between object codes.

Relates to the appropriation to the Public Schools Educational Support Program's Division of Children's Programs for fiscal year 2022.

This bill provides funding from the federal American Rescue Plan Act (ARPA) for Idaho's school districts and public charter schools for FY 2022. This includes onetime funding for the Elementary and Secondary School Emergency Relief Funds (ESSER 3) and onetime funding for existing special education programs as part of the Individuals with Disabilities in Education Act (IDEA). The bill also amends Section 33-907, Idaho Code, and restricts the withdrawal of any moneys from the Public Education Stabilization Fund (PESF) for any moneys appropriated for FY 2022 only. Finally the bill includes a section that acknowledges the actions in this bill are onetime in nature and for onetime purposes.

Amends existing law to revise the definitions of “burglary” and “commercial burglary.”

Last year the Legislature passed SB 1342 which addressed commercial burglary - burglaries committed in stores during business hours involving theft of property worth less than $300.00. Typically burglary is a felony. Last year's legislation provided for a misdemeanor offense if it met the mentioned criteria. A few courts have interpreted the language differently than intended by viewing it as prohibiting all store burglaries except in the above circumstances. This bill clarifies the language addressing the concerns of some judges but does not change the original intent of the legislation.

Amends, adds to, and repeals existing law regarding the Veterinary Practice Act.

This bill updates and modernizes the Veterinary Practice Act language. It deletes an unused definition, provides clarification for Board member’s term limits, and removes a statute of limitations for filing complaints. This bill removes the requirement of certain documentation streamlining the application process and implements endorsement licensing for out-of-state veterinarians. Additional changes include eliminating the January and June licensing dates and initiating a process that licenses applicants as soon as they have completed their application. Changing the January and June licensing dates in favor of immediate licensure also allows the Board to eliminate temporary licenses.

Adds to existing law to prohibit an abortion following detection of a fetal heartbeat.

This legislation prohibits abortion procedures when a fetal heartbeat can be detected, with the exceptions included for rape, incest, and life of the mother. A detectable heartbeat is a key indicator, in law and medical practice alike, of the existence of life. This legislation becomes effective upon the issuance of any decision upholding a restriction or ban on abortion of a preborn child with a heartbeat by any United States appellate court.

States findings of the Legislature and supports a state funeral to honor the last surviving Medal of Honor recipient from World War II.

The purpose of this Memorial is to request the President of the United States to designate a state funeral for the last surviving Medal of Honor recipient from World War II when such recipient passes away. A state funeral would provide our state and nation the opportunity to honor 16 million men and women of the greatest generation who served in our armed forces from 1941 to 1945.

Amends existing law to revise provisions regarding the water management account.

This legislation amends section 42-1760, which establishes the Idaho Water Resource Board’s Water Management Account. Amendments include (1) replacing the list of potential projects with authority for projects which “conserve or increase water supply, improve drought resiliency, address water sustainability or support flood management;” (2) including aquifer recharge above Milner Dam on the list of specific projects for consideration; (3) confirming that all water rights, including hydropower water rights, must be protected, and that identified water uses must be considered in the approval of projects; and (4) providing additional information as part of the board’s annual report.

Relates to the appropriation to the Department of Administration for the Bond Payments Program for fiscal year 2022.

This is the FY 2022 original appropriation bill for the Department of Administration for the Bond Payments Program. It appropriates a total of $19,363,000. The Bond Payments Program consolidates payment of the state's bonded indebtedness for the construction of buildings through the Idaho State Building Authority. The ongoing appropriation has been reduced by $414,000 to reflect reduced payments for the Department of Parks and Recreation headquarters building bond, which will be fully paid in FY 2022.

Amends existing law to remove the prohibition of holding reindeer for domestic purposes north of the Salmon River.

This legislation removes a prohibition on the use of reindeer for domestic purposes north of the Salmon River.

Relates to the appropriation to the Executive Office of the Governor for fiscal year 2021.

This is an FY 2021 supplemental appropriation bill for the Executive Office of the Governor. It provides $175,746,400 onetime for federal Emergency Rental Assistance funding from the COVID-19 Relief bill signed into law on December 27, 2020. According to guidance provided by the U.S. Treasury, funding is to be used for financial assistance to address housing costs that renters are unable to meet as a result of the COVID-19 outbreak. Allowable costs include rent, utilities, and home energy costs (including those in arrears). Funding would be provided directly to eligible grantees (landlords, apartment owners, property managers, etc.) rather than to individual renters. The Executive Office of the Governor proposes to contract with the Idaho Housing and Finance Association to administer the program on a statewide basis. Section 2 of this act requires that the Executive Office of the Governor allocate funds to the association on an as-needed basis in increments not to exceed $10,000,000. Other requirements include methods to verify non-duplication of benefits; reporting to the Legislature and Legislative Services Office; and external auditing. Funding is available until December 31, 2021, and state or local matching funds are not required.

Amends existing law to establish the School Safety and Security Program in the Office of the State Board of Education.

This legislation provides for the transfer of the mission, oversight and operations of the Idaho Office of School Safety and Security from the Division of Building Safety to the Office of the Idaho State Board of Education. This transfer is necessary as a result of the reorganization of the Division of Building Safety pursuant to Executive Order 2020-10. This Executive Order did not move the Office of School Safety and Security into the newly created Division of Occupational and Professional Licences.

Relates to the appropriation to the Department of Health and Welfare for fiscal year 2021.

This is an FY 2021 supplemental appropriation bill for the Division of Substance Abuse Treatment and Prevention within the Department of Health and Welfare. It provides $4,000,000 for delivery of substance abuse disorder treatment, including treatment for opioids and stimulants such as cocaine and methamphetamine.